Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75250 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Umesh Yadav, son of late Nachak Yadav, resident of village- Sikathi, P.O.- Ekhalaspur, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhabhua PS Case No.73 of 2019 dated 13.02.2019 instituted under Sections 363, 364-A/34 of the Indian Penal Code.
3. The petitioner was not named in connection with abduction of son of the informant, but one Baldau Singh @ Banti was arrested on the basis that he had made a call for ransom. He, in turn, is said to have confessed before the police that it was the petitioner, who is his driver, had brought before him a mobile containing the SIM in question and after taking out the SIM he had given the mobile set to the petitioner. He has further stated that from the said SIM he had made calls to the
Patna High Court CR. MISC. No.75250 of 2019 dt.26-11-2019 2/3 police and the informant for ransom for the reason that the informant was a rich person and he also wanted to take some money from him.
4. Learned counsel for the petitioner submitted that the petitioner has no criminal antecedent and is a driver and even in the confession no role has been assigned to him in the kidnapping. It was submitted that the petitioner is in custody since 27.03.2019.
5. Learned APP submitted that the boy has still not been recovered.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, V, Kaimur at Bhabua, in Sessions Trial No.111 of 2019 arising out of Bhabua P.S. Case No.73 of 2019, subject to the conditions (i) that one of the bailors shall be close relative of the petitioner and (ii) the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the
Patna High Court CR. MISC. No.75250 of 2019 dt.26-11-2019 3/3 terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.
7. The application stands disposed off.
(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T