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Patna High CourtCR. MISC./56815/2023allowed

Guddu Ravidas v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56815 of 2023 Arising Out of PS. Case No.-227 Year-2015 Thana- KHAIRA District- Jamui ====================================================== Guddu Ravidas Son Of Shyam Ravidas Resident Of Village- Khotwatar, Barar, Ps- Garhi, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

It is a case of commission of kidnapping of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and in the background of some previous dispute, the petitioner has been roped in the present

Patna High Court CR. MISC. No.56815 of 2023(4) dt.29-11-2023 2/3 case. During investigation also, no consistent material evidence has been collected against the petitioner. The petitioner is languishing in custody since 16.10.2017. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-A. The report of learned Additional District & Sessions Judge, 3rd, Jamui dated 01.09.2023 suggests that up-till now out of ten prosecution witnesses, only four witnesses have been examined and the trial is likely to be concluded within eight months, which suggests that trial is not likely to be concluded in the near future.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the fact

Patna High Court CR. MISC. No.56815 of 2023(4) dt.29-11-2023 3/3 that trial is not likely to be concluded in near future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Jamui in connection with Khaira P.S. Case No. 227 of 2015 (Sessions Trial No. 169 of 2019). (Sunil Kumar Panwar, J) Shageer/- U T