Pramod Yadav @ Gautam v. The State Of Bihar

Patna High Court Cr.Misc. No.16728 of 2016 (3) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16728 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -SALKHUA District- SAHARSA ======================================================

1. Pramod Yadav @ Gautam S/o Sri Dipnarayan Pd. Yadav R/o Vill - Koparia P.S.- Salkhua, Distt.- Saharsa..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Salkhua P.S. Case No. 09 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, Mahindra Tractor of the informant was snatched by tying legs and hands of the driver and further his mobile was also snatched away. During investigation the name of the petitioner transpires, he confessed his guilt and on the basis of disclosure made by him the said Tractor was recovered as per seizure list.

Submission is of false implication and that the petitioner has been made victim of circumstances, his confessional statement has got been recorded forcibly and on seizure list also his

Patna High Court Cr.Misc. No.16728 of 2016 (3) dt.21-06-2016 signature was obtained forcibly, the said Tractor was recovered from abandoned place and without any fault the petitioner is suffering in custody since 21.01.2016 and as such the petitioner deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, the petitioner above named shall be released after completion of six months custody from the date of his remand 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 Additional Chief Judicial Magistrate III, Saharsa in connection with Salkhua P.S. Case No. 09 of 2016, 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