Patna High CourtCR. MISC./51112/2023dismissed

Guddu Alam @ Samir Alam @ Md. Shameer Alam v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51112 of 2023 Arising Out of PS. Case No.-120 Year-2016 Thana- DEHRI TOWN District- Rohtas ====================================================== Guddu Alam @ Samir Alam @ Md. Shameer Alam S/O Sahabuddin Miya @ Shahabuddin Ansari @ Sahabuddin Alam R/O Village- Palka, Ps. Bhabua, Dist. Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The petitioner seeks bail in connection with Dehri (Town) P.S. Case No. 120 of 2016 registered for the offence punishable under Sections 363 of the Indian Penal Code to which Section 364(A) of the Indian Penal Code was subsequently added.

3. As per the prosecution case, two persons were kidnapped by the gang of Gopal Yadav while going to Varanasi. On the pressure of the police, the victims were released. Gopal Yadav was arrested by the police. The petitioner and other accused persons who were members of the gang were found involved in the crime. The offence is punishable with death or

Patna High Court CR. MISC. No.51112 of 2023(4) dt.11-10-2023 2/2 imprisonment for life though one accused has been granted bail by a co-ordinate Bench of this Court and one accused has been granted bail by the Court below.

4. Learned counsel for the petitioner submits that petitioner has got one criminal antecedent and he is in custody since 15.05.2023. He further submits that the petitioner has been falsely implicated in this case due to village politics.

5. The case is of the year 2016. The name of the petitioner has transpired just after the occurrence but the petitioner did not appear in this case and he is an absconder also.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.

8. The learned Trial Court is directed to expedite the trial.

(Sandeep Kumar, J) P. Kumar U T