Guddu Kumar @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6725 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -KAUAKOL District- NAWADA ====================================================== Guddu Kumar @ Guddu Yadav, S/o Rajendra Yadav, R/o Vill- Hasanganj, P.S.- Pakribarawan, Distt- Nawada.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Kawakol P.S.Case No. 102 of 2016 registered for the offences punishable under Section 394 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner was apprehended on the basis of confidential information and thereafter he has been arrested and his confessional statement has been recorded and except that there is nothing against him and he is in custody since 24.9.2016. Heard learned APP also, who has opposed the prayer for bail stating that CDR location of Mobile tower shows the presence of the petitioner near the place of occurrence, which is evident from paragraph-67 of the case diary.
Having heard both sides and considering the fact that on the basis of confidential information petitioner has been arrested and part from that CDR location shows presence of the petitioner near the place of occurrence and except that there is
Patna High Court Cr.Misc. No.6725 of 2017 (3) dt.02-03-2017 2/2 nothing against him, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-IV, Nawada, in connection with Kawakol P.S.Case No. 102 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.
(iv) If petitioner is indulged in such type of offences in future, prosecution will be at liberty to move for cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U