Nagendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.42745 of 2015 (3) dt.06-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42745 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nagendra Yadav Son of Late Bhikhari Yadav resident of Gahiri Kothi, P.S. - Nautan, District - West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey For the Opposite Party : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 20.07.2015 in a case instituted under Sections 272, 273 and 420/34 of the Indian Penal Code.

As per the prosecution case, it is a case of recovery of blue spirit measuring 3000 liters loaded in the truck from the possession of the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2015. Chargesheet has been submitted in the case. There is no allegation of tempering of evidence against the petitioner. Petitioner has been made accused due to mistake of fact. Petitioner is not named in the FIR. There is

Patna High Court Cr.Misc. No.42745 of 2015 (3) dt.06-11-2015 no specific allegation against him. The other co-accused has been granted bail by this Court vide Cr.Misc.No.32930 of 2015. It is further submitted that petitioner is ready to deposit an amount of Rs.15,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.15,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the above named petitioner 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 learned CJM, Bettiah, West Champaran in connection with Nautan P.S.Case No.72 of 2014. (Sudhir Singh, J) B.Kr./- U T