Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22210 of 2016 Arising Out of PS.Case No. -518 Year- 2009 Thana -SAHARSA District- SAHARSA ======================================================

1. Chandan Yadav Son of Naresh Yadav Resident of Village - Rakhouta, P.S. Sonbarsa Raj, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. P.K.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 395, 397 and 412 of the I.P.C The petitioner is not named in the First Information Report wherein it is alleged that in the way the miscreants assaulted him and other persons snatched cash of Rs. 1650/- and mobile etc. and from others also snatched their belongings. Out of them one of the victims identified Pappu Sharma only. Submission is of false implication and that the name of the petitioner has been transpired only on the basis of the confessional statement of co-accused Bijali Yadav and save and except there is no legal evidence against the petitioner, the

Patna High Court Cr.Misc. No.22210 of 2016 (2) dt.24-05-2016 2/2 petitioner is in custody since 10.03.2015 but he has not been put on the test identification parade, nothing has been recovered from his conscious possession and in this case similarly situated coaccused another Chandan Yadav has been allowed bail by the learned court below itself.

The learned A.P.P. after going through the impugned order submits that the petitioner has got criminal antecedent. In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Saharsa in Saharsa (Sadar) P.S. Case No. 518 of 2009, 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) Abhay/- U T