Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48248 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -JHAJHA District- JAMUI ======================================================

1. Kailash Yadav son of Balchand Yadav resident of village Nauwakura, P.S. Jhajha, Dist. Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Jhajha P.S.Case No. 64 of 2015 registered u/s 364A IPC. As per allegation, some unknown persons kidnapped the employee of Baba Hans Construction Pvt. Ltd, Patna and thereafter made demand of ransom through Mobile No.8252660389. Name of petitioner surfaced on the basis of confessional statement of co-accused.

Counsel for the petitioner submits that there is no material whatsoever save and except the statement of co-accused and case of petitioner is on better footing than that of Sanjay Rawat and Dinesh Yadav who were granted bail vide Cr.Misc.No.27815 of 2015 and Mukesh Yadav vide Cr.Misc.No.

Patna High Court Cr.Misc. No.48248 of 2015 (2) dt.03-11-2015 2/2 31724 of 2015.

Looking to the facts and circumstances of the case, petitioner Kailash is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Jamui in Jhajha P.S.Case No. 64 of 2015 subject to the conditions that : (i) one of the bailors will be wife, mother, or father of the petitioner, (ii) if the petitioner would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary order, including cancellation of bail bonds, and (iii) the petitioner would co-operate and if the petitioner will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.

Jay/- (Shivaji Pandey, J) U