Shravan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.54225 of 2015 (3) dt.21-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54225 of 2015 Arising Out of PS.Case No. -92 Year- 2015 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shravan Yadav Son of Late Radha Yadav Resident of Village - Puraina, P.S. - Yogapatti, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. B.N. Pandey (App) CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dumariya Ghat P.S. Case No. 92 of 2015 registered for the offence punishable under Section 412 of the Indian Penal Code. The F.I.R. is against un-known with allegation that unknown miscreants intercepted the truck, loaded with potato which was being driven by the informant after assaulting him and khalasi and further snatched their mobiles and cash of Rs. 5,000/- including the licence and fled away with looted truck. During investigation the name of the petitioner transpired in the confessional statement of co-accused Pradeep Yadav and further looted potato has also been recovered from the shop of co-accused

Patna High Court Cr.Misc. No.54225 of 2015 (3) dt.21-01-2016 Ranjeet Kumar Mahto.

Submission is of false implication and that the petitioner is in custody since 2.09.2015, he has not been put on T.I.P., nothing has been recovered from his possession and looted truck has been found in abandoned condition and, as such, the petitioner deserves sympathetic consideration to which learned A.P.P., Sri. B.N. Pandey does not dispute.

In the facts and circumstances stated above, 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 ACJM, Motihari, East Champaran arising out of Dumariya Ghat P.S. Case No. 92 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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