Chuman Yadav @ Chumman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34064 of 2017 Arising Out of PS.Case No. -19 Year- 2006 Thana -NAURANGIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chuman Yadav @ Chumman Yadav, son of Late Indradeo Yadav, resident of village Baghwa Tanr, Police Station Dhanha, District West Champaran. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Naurangia P.S. Case No.19 of 2006 registered for the alleged offences under Section 364 A of the Indian Penal Code. As per the prosecution case, two named accused persons along with 7-8 miscreants are said to have kidnapped the brother and brother-in-law of the informant from his house on the gun point.

It has been submitted by learned counsel for the petitioner that neither the petitioner has been named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession.

The petitioner has been languishing in jail custody since 20.12.2013 on remand from some

Patna High Court Cr.Misc. No.34064 of 2017 (02) dt.20-07-2017 2/2 other case. The charge in this case has been framed on 05.03.2014 but up till now not a single witness has been examined by the prosecution and on the said ground one co-accused, Rambhu Yadav has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.49277 of 2016 vide order dated 29.03.2017. The case of the petitioner is on similar footing. In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bagha in connection with Sessions Trial No.15 of 2014, arising out of Naurangia P.S. Case No.19 of 2006.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T