Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53300 of 2015 Arising Out of PS.Case No. -170 Year- 2004 Thana -GHOSI District- JEHANABAD ======================================================

1. Vijay Yadav S/o Jag Narayan Yadav Residence of Village- Phatehpur, P.s Dulhin Bazar, Dist Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named but in course of investigation, the name of petitioner came in this case in confessional statement of co-accused and thereafter, only on the basis of confessional statement of co-accused, petitioner was charge sheeted showing absconder in the year 2004. Petitioner does not have any criminal antecedent and except the above stated confessional statement of co-accused, there appears to be nothing against him. Moreover, there is nothing in the impugned order to show as to whether any process was ever served upon the petitioner before declaring him absconder.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.53300 of 2015 (2) dt.26-11-2015 2/2 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 170 of 2004.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T