IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31509 of 2010
SADHU SHARAN PRASAD
Versus
STATE OF BIHAR
with
Cr.Misc. No.31510 of 2010
SURENDRA YADAV & ORS
Versus
STATE OF BIHAR
-----------
04 02.12.2010 Above stated Cr. Misc. Cases have arisen out of
Daraunda (M.H. Nagar) P.S. Case NO. 111of 2010 registered
under Sections 364, 341, 323/34 of the I.P.C. Since both the above
stated Cr. Misc. Cases have arisen out of the same Police Station
case, the above stated Cr. Misc. Cases are being disposed of by
this common order.
Petitioners, in both the above stated miscellaneous
cases, are named in the F.IR. with the allegation that on
07.07.2010 at about 04:30 P.M, they went at the house of the
informant and kidnapped him but police reached in a hotel from
where the aforesaid kidnapped person was recovered and the
petitioners were arrested at the spot. The stand of the petitioners is
that on the alleged date of occurrence at about 03:30 p.m.
informant and so-called victim of the instant case along with
others badly assaulted one Ramesh Prasad and Satya Narain Sah
for which aforesaid Ramesh Prasad lodged Daraunda (M. H.
Nagar) P. S. case No. 110 of 2010 on the same day and in
retaliation as well as to save the skin, the informant of this case
has lodged the present case against the petitioners who happens to
be relatives of aforesaid Ramesh Prasad.
2
In view of the aforesaid facts and circumstances as
well as considering this aspect of the matter that petitioners do not
have any criminal history which is evident from perusal of report
of S.P, Siwan dated 30.10.2010, I direct the petitioners, namely,
Sadhu Sharan Prasad, Surendra Yadav, Mukesh Singh and
Shambhu Yadav, to be released on bail on furnishing bail bonds of
Rs. 10,000/- with two sureties of the like amount each to the
satisfaction of C.J.M, Siwan in connection with above stated
Daraunda (M. H. Nagar) P. S. Case No. 111 of 2010
Shahzad (Hemant Kumar Srivastava, J )