Petitioner in Custody on charges punishable under Sections 364, 34 IPC was enlarged on bail by this Court on furnishing a bond of Rs. 10,000 with two sureties.
Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38242 of 2018
Arising Out of PS. Case No.-90 Year-2018 Thana- SAUR BAZAR District- Saharsa
======================================================
Amit Yadav son of Bindeshwari Yadav, resident of Village- Rahua, P.S. Madhepura, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Md. Sufiyan ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 06-07-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 18.02.2018 in connection with Sour Bazar P.S. Case No. 90 of 2018 for offences punishable under Sections 364, 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant Rahul Kumar, is that while he was sitting at the door of his house two persons including the petitioner came in a motorcycle and tried to abduct him but on the intervention of the villagers he was rescued.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and just because the informant had taken a loan of Rs. 10,000/-,
Patna High Court Cr.Misc. No.38242 of 2018(2) dt.06-07-2018 2/2
which he did not want to return, a false case has been instituted against him. He submits that another co-accused has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No. 25815 of 2018 vide order dated 01.05.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar P.S. Case No. 90 of 2018.
(Nilu Agrawal, J)
Rajesh/Pragya
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the case of illegal kidnapping.
Amit Yadav
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
