Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46741 of 2015 Arising Out of PS.Case No. -93 Year- 2015 Thana -SAHPUR District- BHOJPUR ======================================================

1. Dharmendra Yadav Son of Motichand Yadav, Resident of Village - barhar Tola, Police Station - Jagdishpur, District - Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Uday Chandra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is neither named in the first information report nor anything has been recovered from his conscious possession.

It is submitted on behalf of the petitioner that the petitioner was arrested by the police in Shahpur P.S. Case No. 168 of 2015 and after that, he was made accused in this case. It is further contended by him that so far as paragraph-55 of the case diary is concerned; when petitioner was confined in police Hazat, the investigating officer called the informant of the present case and got identified the petitioner and therefore, even if, the so called identification is taken into consideration, then also, that is

Patna High Court Cr.Misc. No.46741 of 2015 (2) dt.06-10-2015 2/2 not in accordance with law.

Considering the above-said submission as well as facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Shahpur P.S. Case No. 93 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara. (Hemant Kumar Srivastava, J) A.K.V./- U T