Baliram Kumar @ Baliram Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62774 of 2018 Arising Out of PS.Case No. -36 Year- 2014 Thana -GURUA District- GAYA ====================================================== Baliram Kumar @ Baliram Prasad Yadav, Son of Baleshwar Prasad @ Baleshwar Prasad, Resident of Village- Ratanpura, P.S.- Sherghati, DistrictGaya. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Gurua P.S.Case No. 36 of 2014 registered for the offences punishable under Sections 365/34 and later on Sections 364A/34 of the Indian Penal Code have been added.

Petitioner is not named in the FIR and allegation as per FIR is of kidnapping of minor son of the informant. Submission of learned counsel for the petitioner is that the statement of the victim boy was recorded under Section 164 Cr.P.C. (Annexure-3), in which he has not named this petitioner and named one Chhotu and Santosh and Chhotu has been granted anticipatory bail vide order dated 10.12.2015 in Cr.Misc.No. 51490 of 2015 and Santosh has been granted bail vide order dated

Patna High Court Cr.Misc. No.62774 of 2018 (4) dt.25-10-2018 2/2 27.1.2015 in Cr.Misc.No. 43679 of 2014 along with Cr.Misc.No. 41795 of 2014 by co-ordinate Bench of this Court. Further submission is that petitioner's name transpired in the confessional statement of co-accused and he is in custody since 23.6.2018 and charge sheet in this case has been submitted. Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sherghati (Gaya), in connection with Gurua P.S.Case No. 36 of 2014, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T