Ganauri Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.12681 of 2017 (2) dt.10-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12681 of 2017 Arising Out of PS.Case No. -7 Year- 2015 Thana -CHEWRA District- SEKHPURA ======================================================

1. Ganauri Yadav, Son of Late Parmeshwar Yadav, Resident of VillageRajpura, Police Station- and District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chewara P.S. Case No. 07 of 2015 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, dacoity was committed in Jagdamba Petrol Pump and cash of Rs. 2,10,898/- was looted away along with several mobiles. During investigation the petitioner was apprehended in Laxmipur P.S. Case No. 99 of 2015 and on the basis of his confessional statement, he has been remanded in this case on 04.10.2016.

Submission is of false implication and that nothing has been recovered from possession of the petitioner, he has not been

Patna High Court Cr.Misc. No.12681 of 2017 (2) dt.10-04-2017 put on TIP, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes the prayer of bail by submitting that petitioner was apprehended with fire arm and he has got criminal antecedent also.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, 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 A.C.J.M.-III Sheikhpura in connection with Chewara P.S. Case No. 07 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