Sunil Yadav @ Mama Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.42138 of 2015 (3) dt.03-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42138 of 2015 Arising Out of PS.Case No. -134 Year- 2008 Thana -PIRO District- BHOJPUR ====================================================== Sunil Yadav @ Mama Yadav Son of Sri Ram Karan yadav Resident of Village- Sakari P.s Piro,district Bhojpur (Arrah) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Parmatma Singh For the Opposite Party : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 30.06.2015 in a case instituted under Section 395 of the Indian Penal Code. As per prosecution case, it is a case of robbery and loot on the point of pistol by the unknown accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. The alleged occurrence is said to be of the year 2008 but the petitioner was made accused in the present case on 20.05.2013. Petitioner is not named in the FIR. From perusal of Annexure-3, it would appear that the informant
Patna High Court Cr.Misc. No.42138 of 2015 (3) dt.03-11-2015 has filed a petition in the court below where he has stated that the petitioner has committed no theft and he is not involved in the present occurrence.
On behalf of the State, it has been submitted that the petitioner is not named in the FIR.
Considering the aforesaid facts and circumstances, 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 of learned CJM, Bhojpur, Arrah in connection with Piro P.S.Case No.134 of 2008. (Sudhir Singh, J) B.Kr./- U T