Yashwant Singh @ Jashwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15365 of 2019 Arising Out of PS. Case No.-1124 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== YASHWANT SINGH @ JASHWANT SINGH, Son of Dharmendra Kumar Singh @ Munna Singh Resident of Mohalla - New Area (Naya Ilaka), P.S.- Dihri Town , Distt - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Mishra For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 05.01.2019 in connection with Dehri Town P.S. Case No.1124 of 2018 registered for the offences punishable under Sections 400, 401, 411 and 414 of the Indian Penal Code and Sections 25(1-B), 26 and 35 of the Arms Act.

Prosecution case as per the self statement of Police Inpsector-cum-S.H.O. of Dehri Town P.S. on 13.12.2018 at 11.30 A.M. he received a secret information that some miscreants are planning to commit a serious offence whereupon, a raid was laid and three persons, namely, Prakah Kumar @ Gunni, Pappu Yaav @ Prince Raj and Raj Kumar @ Mithu variously armed were apprehended. The name of the petitioner sprang up on the co-accused Faishal Raja, who disclosed the

Patna High Court CR. MISC. No.15365 of 2019(2) dt.13-03-2019 2/2 petitioner's involvement in commission of many offences. It is submitted by learned counsel for the petitioner that the petitioner was neither apprehended from the spot nor any recovery has been made from the possession of the petitioner. It is further submitted that the petitioner has not been put on Test Identification Parade till date. It is further submitted that petitioner is also accused in one more case in which he is on bail.

Learned A.P.P. has vehemently opposed the prayer for bail and submits that the name of the petitioner sprang up only on the basis of confessional statement of co-accused person. Considering the nature of accusation, the name of the petitioner surfaced on confession of co-accused and the fact that there is no recovery from the possession of the petitioner, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri Town P.S. Case No.1124 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T