Rama Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55607 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Rama Shankar Yadav, son of Shri Ram Yadav, resident of village - Kaura, P.S. Jagdishpur, District - Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, AdvocateT For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under section 395 of the Indian Penal Code. It is submitted that the petitioner is not named in the F.I.R., his name has come on the basis of confessional statement of co-accused Arbind Pal and, thereafter, he has been remanded in this case and the confessional statement of the petitioner has also been recorded, he has not been put on T.I. Parade though he is in custody since 14.8.2015, nothing has been recovered from conscious possession of the petitioner and similarly situated coaccused Arbind Pal, Nagendra Yadav and Ranjan Yadav have been allowed bail by different Benches of this Court and, as such,

Patna High Court Cr.Misc. No.55607 of 2015 (3) dt.10-02-2016 2/2 the petitioner also deserves sympathetic consideration. The learned A.P.P. is not in a position to distinguish the case of the petitioner from the case of those co-accused. 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No.66 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) N.H./- U T