Patna High CourtCR. MISC./6874/2016bail granted

Birju Yadav v. The State Of Bihar

2016-03-01Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.6874 of 2016 (2) dt.01-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6874 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -BARUN District- AURANGABAD ======================================================

1. Birju Yadav son of Late Dashrath Yadav, Resident of Village- Naya Tola, Jurabganj, P.S.- Korha, District- Katihar..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Baroon P.S. Case No. 67 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

The petitioner is not named in the first information report. It is submitted that on the basis of confessional statement made before the Police the petitioner has been implicated, nothing has been recovered from possession of the petitioner, he has not been put on test identification parade and without any legal and cogent material he is suffering in custody since 12.11.2015. Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the

Patna High Court Cr.Misc. No.6874 of 2016 (2) dt.01-03-2016 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 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Baroon P.S. Case No. 67 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) avin/- U T