Chhotan Yadav @ Baliramjee @ Balramji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81769 of 2019 Arising Out of PS. Case No.-289 Year-2019 Thana- DUMRAO District- Buxar ====================================================== CHHOTAN YADAV @ BALIRAMJEE @ BALRAMJI Son of Hari Shankar Singh Resident of Village - Nachap, P.S.- Murar, Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2020 This matter has been taken up through Video Conferencing.
Heard the parties.
The petitioner is languishing in custody for the offences punishable under Sections 363/365 of the Indian Penal Code. Later on offence under Section 302/34 of the Indian Penal Code was added.
The FIR is against unknown relating to an occurrence of kidnapping of the minor son of the informant. Later on dead body was recovered and on the basis of CDR records it was noticed during investigation that the petitioner was found near the place of dead body.
Patna High Court CR. MISC. No.81769 of 2019(3) dt.27-05-2020 2/3 The petitioner has stated on oath that he has got no criminal antecedent. The petitioner is in custody since 17.09.2019. Investigation of the case is already complete. Besides the aforesaid material there is no other evidence against the petitioner.
Considering the facts aforesaid as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dumrao P.S. Case No. 289 of 2019 with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on
Patna High Court CR. MISC. No.81769 of 2019(3) dt.27-05-2020 3/3 his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J) Mkr./- U T