Mukesh Yadav @ Bachelal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38984 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38984 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Yadav @ Bachelal Yadav S/o Late Chanar Yadav Resident of Village Benuwali, P.S. Kaleya, District Bara (Nepal). .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Pandey For the Opposite Party : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 02.04.2015 in a case instituted under Sections 394 and 411 of the Indian Penal Code.

As per allegation, three unknown motorcycle borne miscreants dashed the informant, assaulted him and also snatched his motorcycle and fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.04.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. As per allegation, petitioner is not named in the FIR. In course of investigation, after four months of the institution of

Patna High Court Cr.Misc. No.38984 of 2015 (3) dt.08-10-2015 the FIR, the motorcycle in question was recovered by the side of the road where this petitioner was also standing and on that basis he has been made accused in the present case. It is further submitted that petitioner is ready to deposit an amount of Rs.35,000/- 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.35,000/- 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 SDJM, Sikrahana, Motihari in connection with Ghorasahan P.S.Case No.06 of 2015. (Sudhir Singh, J) B.Kr./- U T