Yogendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.25733 of 2016 (3) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25733 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -CHEWRA District- SEKHPURA ====================================================== Yogendra Yadav S/o Rudo Yadav, Resident of Village- Gamhariya, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Arun Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.12.2015 in connection with Chewara P.S. case No.07 of 2015 for the offences instituted under Sections 395 of the Indian Penal Code.

The prosecution story, in brief, is that on the alleged date and time of occurrence some unknown miscreants came at Jagdamba petrol pump of Jitendra Kumar and looted cash of Rs.2,10,898/- on the point of pistol. The informant claimed that he will identify the miscreants after seeing them. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2015 and the charge sheet has

Patna High Court Cr.Misc. No.25733 of 2016 (3) dt.26-08-2016 been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The petitioner has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. It is further submitted that the petitioner may be released on bail after completion of one year in custody from 17.12.2015. On behalf of the State, it is submitted that the name of the petitioner has come in course of investigation and one other criminal case is pending against him.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail after completion of one year in custody since 17.12.2015 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Chewara P.S. case No.07 of 2015.

(Sudhir Singh, J) Narendra/- U T