Sudama Kumar Yadav @ Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25053 of 2015 Arising Out of PS.Case No. -324 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Sudama Kumar Yadav @ Sudama Kumar Son of Sadhu Yadav Resident of Village - Dema Tola Pathra, P.S. - Mohanpur, District Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State The petitioner is in custody in a case registered under Sections 395/412 of the Indian Penal Code. The prosecution case, in brief, is that the informant being the driver of a truck bearing No. UP-32-CZ 0270 was carrying wooden logs from Lucknow to Silao, District Nalanda. On 16.07.2014 at about 12.30 A.M. his truck has been intercepted by four persons carrying arms came there in a bus and caught hold the informant and after assaulting him asked him to board in the bus. Threafter, the miscreants tied the informant by the side of the road and took away the truck and bus together. At about 4.30 A.M. a man and a woman of the village came on the road and untied the

Patna High Court Cr.Misc. No.25053 of 2015 (2) dt.21-07-2015 informant. In the meantime a police party came there and after narrating the incident to the police, the police team and the informant proceeded towards the direction to which the truck was taken away. After traveling some distance, the police team saw the truck and bus and after overtaking the said vehicles three persons have been apprehended. On the basis of written report of the informant Wazirganj P.S. Case No. 324 of 2014 has been instituted.

It is submitted on behalf of the petitioner that the petitioner is in custody in the present case since 04.09.2014 and the charge sheet has been submitted. It is further submitted that the petitioner is not named in the FIR nor there is recovery of any incriminating articles from the possession of the petitioner. It is further submitted that no T.I.P. was conducted to ascertain the involvement of the petitioner in the present case.

On behalf of the State it has been submitted that the name of the petitioner has come in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Gaya, in connection

Patna High Court Cr.Misc. No.25053 of 2015 (2) dt.21-07-2015 with Sessions Trial No. 220 of 2014 arising out of Wazirganj P.S.Case No. 324 of 2014.

(Sudhir Singh, J) Chandran U T