Guddu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29778 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== GUDDU SAH Son of Late Lal Bahadur Sah Resident of Village - Tonwa, P.S.- Jharokhar, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate.

For the Opposite Party/s :

Dr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Ramgarhwa P.S. Case No. 25 of 2019, instituted for the offence under Section(s) 363 and 365 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. His name has come in the confessional statement of co-accused Guddu Giri. It is alleged in the written report that son of the informant namely, Kunal Bharti and the son of neighbour of the informant namely, Prince Kumar became disappeared on 22.2.2019.

Counsel for the petitioner submits that First Information Report has been lodged against unknown. He further submits that both the victim boys have given statement

Patna High Court CR. MISC. No.29778 of 2019(2) dt.07-05-2019 2/2 under Section 164 Cr. P.C. which has been enclosed as Annexure 3 series wherein they have levelled general and omnibus allegation against the petitioner. Counsel for the petitioner further submits that victim boys have not been recovered from possession of this petitioner. It is mentioned in paragraph-12 of the bail petition that co-accused Guddu Giri and Kalam have been arrested by the police with the victim Kunal Bharti from the orchard of village Jamuniya near IndoNepal Border. Petitioner is in custody since 29.1.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Ramgarhwa P.S. Case No. 25 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T