Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26594 of 2017 Arising Out of PS.Case No. -70 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Uday Yadav, son of Arjun Yadav @ Balmiki Yadav, resident of VillageLakhochak Police Station- Chanan, District- Lakhisarai. .... .... Petitioner

Versus

The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner : Mr. Shivendra Kumar Sinha, Adv. For the Opposite Party : Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in Laxmipur (Gidhour) P.S. Case No.70 of 2015 registered for the alleged offences under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the informant and another person were looted of their belongings on way to their house by some unknown miscreants.

It has been submitted by learned counsel for the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. The name of the petitioner has surfaced only on the confessional statement of one Ganauri Yadav. Except the confessional statement of Ganauri Yadav, nothing is on record to implicate him. Nothing incriminating

Patna High Court Cr.Misc. No.26594 of 2017 (02) dt.14-06-2017 - 2 - article has been recovered from the conscious possession of the petitioner. It is also submitted that the petitioner was not put on test identification parade. Co-accused, namely, Bachchandeo Yadav has already been enlarged on bail by a co-ordinate Bench of this Court in Cr. Misc. No.12297 of 2017 vide order 30.03.2017. Petitioner has been languishing in jail since 25.04.2017 Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sub Judge-4th-cumA.C.J.M.3rd, Jamui in Laxmipur (Gidhour) P.S. Case No.70 of 2015.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T