Shambhu Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.48835 of 2015 (3) dt.04-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48835 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -MALAYPUR District- JAMUI ====================================================== Shambhu Yadav Son of Shako Yadav resident of Village Daulatpur Police Station Jamui District jamui.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.49920 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -MALAYPUR District- JAMUI ====================================================== Manoj Manjhi @ Manoj Mojhi Son of Asarfi Manjhi R/o Village Daulatpur, P.s. and District Jamui .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.48835 of 2015) For the Petitioner : Mr. Ravi Shanker Pankaj For the Opposite Party : Mr. C.Jawahar(App) (In Cr.Misc. No.49920 of 2015) For the Petitioner : Mr. Amar Prakash For the Opposite Party : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2015 Both the petitions for bail have been heard analogously and are being disposed of by a common order.
The petitioners are languishing in jail since 18.06.2015 and 29.06.2015 respectively in a case instituted under Sections 395 and 412 of the Indian Penal Code.
As per prosecution case, it is a case of robbery in the
Patna High Court Cr.Misc. No.48835 of 2015 (3) dt.04-11-2015 petrol pump and also looted some cash amount of the informant by the accused persons.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 18.06.2015 and 29.06.2015 respectively. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioners. Petitioners are not named in the FIR. Petitioners are not put on test identification parade. Petitioners are not named in the FIR. There is no recovery of any incriminating article from the possession of the petitioners. The other co-accused have been granted bail by this Court vide Cr.Misc.No.27591 of 2015, 45547 of 2015 and 45242 of 2015.
On behalf of the State, it has been submitted that the petitioners are not named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Jamui in connection with Sessions Trial No.204 of 2015 arising out of Malaypur P.S.Case No.16 of 2015. (Sudhir Singh, J) Brajesh Kr./- U T