Patna High CourtCR. MISC./17314/2018bail granted

Shatrudhan Das @ Shatrudhan Kumar @ Shatrughan Das v. The State Of Bihar

2018-04-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17314 of 2018 Arising Out of PS.Case No. -31 Year- 2016 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== 1.Shatrudhan Das @ Shatrudhan Kumar @ Shatrudhan Das Son of Saryug Das, Resident of Village-Katahariya, P.S.-Mohammadpur, DistrictGopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 23.08.2016 passed in Cr. Misc. No. 36255 of 2016, taking note of this fact that the victim stated the name of the petitioner in respect of his kidnapping and in course of investigation, witnesses claimed that the victim had been kept in rented room of the petitioner but learned counsel for the petitioner submits that the statement of victim was recorded under section 164 of the Cr.P.C on 28.03.2016 and, unfortunately, the aforesaid statement could not be brought to the notice of this Court at the time of passing the order dated 23.08.2016 in Cr.

Patna High Court Cr.Misc. No.17314 of 2018 (2) dt.04-04-2018 2/2 Misc. No. 36255 of 2016. He further submitted that as a matter of fact, in the statement recorded under section 164 of the Cr.P.C, the victim did not name the petitioner. So far as the statements of witnesses are concerned, the witnesses stated that the room had been taken on rent by Vivek Mishra.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Sessions Judge-VIII, Gopalganj in connection with Mohammadpur P.S. Case No. 31 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T