Sudama Kumar @ Sudama Yadav @ Sudama Kr Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21351 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -BODHGAYA District- GAYA ======================================================
1. Sudama Kumar @ Sudama Yadav @ Sudama Kr. Yadav 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 ====================================================== with Criminal Miscellaneous No.22885 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -BODHGAYA District- GAYA ======================================================
1. Guddu Kumar Son of Dhaneshwar Yadav Resident of villageRaghunathpur, P.S.- Mohanpur District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.21351 of 2015) For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Pradip Nr.Kumar(App) (In Cr.Misc. No.22885 of 2015) For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 As these cases arise out of Bodh Gaya (Cherki) P.S.Case No. 220/2014, they have been heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
Patna High Court Cr.Misc. No.21351 of 2015 (2) dt.14-07-2015 2/3 The petitioners are in custody in a case registered under Sections 395 of the Indian Penal Code. The prosecution case in, brief, is that Truck No.CGO4JB-0898 loaded with several articles was looted by some unknown miscreants in the morning at 4 A.M. on 14.7.2014 when the informant Raj Kumar along with his brother Mukesh Kumar was going with the said truck to its destination. It is further alleged that the miscreants captured the informant and his brother by tying his eyes and administering some medicines as a result of which they became unconscious and thereafter they were left in a lonely place by tying them with electric poles and any how they freed themselves and informed their master and the police about the incident.
On behalf of the petitioners it has been submitted that the petitioners are in custody since 18.12.2014 and 14.10.2014 respectively. It is further submitted that charge sheet has been submitted in this case. It is also submitted that the petitioners are not named in the FIR nor they have been put on T.I. Parade. It is further submitted that the petitioners may be released after completion of nine months in custody.
On behalf of the State it has been submitted that the names of the petitioners have come in course of investigation and
Patna High Court Cr.Misc. No.21351 of 2015 (2) dt.14-07-2015 3/3 they are involved in committing the aforesaid crime. Considering the facts aforesaid, let petitioner (Sudama Kumar @ Sudama Yadav @ Sudama Kr. Yadav, be released on bail, after completion of nine months in custody from 18.12.2014, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Gaya in Bodh Gaya (Cherki) P.S.Case No.220/2014 and so far petitioner, Guddu Kumar, is concerned, if he has already completed nine months in custody i.e. from 14.10.2014, he shall 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 learned C.J.M., Gaya, in Bodh Gaya ( Cherki) P.S.Case No. 220/2014.
(Sudhir Singh, J) singh/- U T