Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41304 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -BARH District- PATNA ======================================================

1. Arun Yadav, son of Birju Yadav, resident of Vill- Gowasa Sheikhpura, Gherapar, P.S.- Pandarakh, Distt- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 394, 302/34 of the Indian Penal Code and sections 26 and 27 of the Arms Act. It is alleged by the informant that his Munshi after collecting dues amount worth Rs.13,00,000/- when reached near the house of the informant, the accused persons came there and tried to snatch cash on the point of deadly weapon from his Munshi. When his Munshi protested, then the accused persons assaulted him with the butt of Pistol. One of the accused persons fired which hit another co-accused who died at the spot. Thereafter the accused persons fled away with the cash of

Patna High Court Cr.Misc. No.41304 of 2015 (3) dt.14-10-2015 Rs.13,00,000/- from the Munshi.

It has been submitted on behalf of the petitioner that petitioner is in custody since 29.04.2015. Charge-sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. Petitioner is not named in the F.I.R. Name of the petitioner has come on the basis of his own confessional statement before the police which has got no evidentiary value in the eye of law.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing 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, Barh in connection with Barh P.S. Case No. 57 of 2015.

(Sudhir Singh, J) Amin/- U