Roushan Yadav @ Raushan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.6857 of 2016 (2) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6857 of 2016 Arising Out of Saharsa Sadar P.S.Case No. -375 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Roushan Yadav @ Raushan Yadav, Son of Mahendra Yadav, resident of Village- Patuha, P.S. Saharsa, District- Saharsa. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anant Kumar-1, Advocate. For the Opposite Party : Mr. M.Rab(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 375 of 2015 (G.R. No.1245 of 2015) registered for the offences punishable under Sections 394 of the Indian Penal Code and under Section 27 of the Arms Act. The petitioner is not named in the First Information Report. During investigation the name of the petitioner and other accused persons transpired that they were seen fleeing away with motorcycle after the occurrence.

Submission is of false implication and that the petitioner is suffering in custody since 20.05.2015 but he has not been put on T.I.P, nothing has been recovered from the possession

Patna High Court Cr.Misc. No.6857 of 2016 (2) dt.02-03-2016 of the petitioner, other similarly situated co-accused Bidyanand Sharma @ Bidyanand Kumar Sharma has been allowed bail vide Cr. Misc. No. 50443 of 2015 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not oppose. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No.375 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Amit/- U T