Basudev Yadav @ Basudev Tiwari @ Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18397 of 2020 Arising Out of PS. Case No.-96 Year-1995 Thana- LAURIA District- West Champaran ====================================================== BASUDEV YADAV @ BASUDEV TIWARI @ TIWARI, aged about 80 years (Male), son of Late Saryug Yadav, Resident of Village - Pakaha @ Parsauna (Semar Bari), P.S.- Thakaraha, District- West Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Sharma, Advocate For the Opposite Party/s :

Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Lauriya P.S. Case No.96 of 1995 (Sessions Trial No. 369 of 2002) registered for the offence under Sections 395/364-A/216 of the Indian Penal Code.

Allegation has been made against the petitioner that he along with other accused persons looted the passengers of a bus on the gun point and kidnapped 15-20 persons for realization of ransom.

The petitioner is also an accused in connection with 47 other criminal cases.

Learned counsel for the petitioner submits that in the present case, the petitioner has remained in custody for

Patna High Court CR. MISC. No.18397 of 2020(8) dt.08-03-2021 2/2 about 12 years as he is in custody since 29.09.2008. He further submits that except the present case, the petitioner has been granted bail in all other cases.

Looking to the period of custody, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C.-II, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 96 of 1996 (Sessions Trial No. 369 of 2002), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner i.e. mother/son/wife and (ii) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Shivaji Pandey, J) pawan/- U T