IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29718 of 2009 CHANDRA PRAKASH SHUKLA @ GUDDU SHUKLA SON OF RAM KUBER SHUKLA, RESIDENT OF VILLAGE AHIRAULI, P.S. BADHALGANJ, DISTRICT GORAKHPUR (U.P.). Versus STATE OF BIHAR ----------- 5. 23.2.2010. Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and learned counsel for the State. The petitioner, in Bettiah Mufassil P.S. Case No.129 of 2000 corresponding to Trial No.548 of 2005, has prayed for grant of bail. The case is for the offence under Sections 364(A), 302, 324, 307, 120(B) of the Indian Penal Code. In this case, an industrialist was kidnapped by accused persons. In the occurrence, one of the labourers, who had opposed the kidnapping, was killed. In the said occurrence, A.K.47 as alleged in the F.I.R. was also used and few accused persons besides this petitioner, who hails from Gorakhpur, U.P. were involved. After investigation, police submitted charge sheet and petitioner along with others were put on trial. While trial commenced, from the impugned order, it appears that this - 2 - petitioner was remanded in a case at Dhanbad on the basis of production warrant. Learned court below while rejecting his bail petition has indicated that despite best efforts his presence in this case could not be secured for a very long perior and finally on 16.6.2009, this petitioner was produced in Sessions Trial No.548 of 2005 from the case, which was pending at Dhanbad. It appears that in a case, which was separated from the case of this petitioner, witnesses have also been examined. In this case, case diary was called for and on perusal of the case diary, the learned counsel for the State submits that it appears that this petitioner is not an accused only in this case, but for similar offences i.e. offence relating to kidnapping for ransom, he is accused in other States also. In Dhanbad, there is one case of kidnapping against this petitioner. Earlier vide order dated 9.9.2009, report regarding criminal antecedent of this petitioner, was also called for from the Superintendent of Police, Gorakhpur. Of - 3 - N.H./ course, no report appears to have been received from the office of Superintendent of Police, Gorakhpur. However, from the facts and circumstances as enumerated in the case diary, this petitioner does not deserve to be released on bail and, accordingly, prayer for bail of this petitioner is rejected. ( Rakesh Kumar,J.)