Nundeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50869 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Nundeo Yadav S/o Late Bhajinath Yadav Resident of Khairan, P.S. Jhajha, Distt. - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Laxmipur P.S. Case No. 21 of 2015 registered for the offences punishable under Sections 364A, 458/34 of the Indian Penal Code and Sections 3/4 of Explosive Substance Act.

Allegedly, 10-11 miscreants kidnapped Harishchandra @ Harish Yadav and took away towards forest. During investigation the victim was released and name of the petitioner transpired in the statement of spy and further co-accused also stated the name of the petitioner.

Submission is of false implication and that the petitioner is in custody since 19.08.2015 but he has not been put

on test identification parade, the victim has been recovered soon after the occurrence and made statement before the Police in which he has not taken name of the petitioner and further the victim has not been examined under Section 164 of the Cr.P.C. and his prayer for bail has been rejected only on the basis of information furnished by Spy and further the petitioner is accused in Laxmipur P.S. Case No. 207 of 2014. The informant has filed compromise petition also and as such the petitioner deserves sympathetic consideration to which the learned APP opposes by submitting that the petitioner has got criminal antecedent and he is a member of Gang of Tantan Mishra a renowned criminal.

In the facts and circumstances stated above, considering that the name of the petitioner has come in the confessional statement of co-accused, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in connection with Laxmipur P.S. Case No.

dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T