Mahabir Yadav @ Mahavir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33451 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Mahabir Yadav @ Mahavir Yadav S/o Rambilash Yadav, R/o Vill.- Bhagwan Bigha, P.S.- Daudnagar, District- Aurangabad , (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Karahgar P.S. Case No. 021 of 2017, registered for offence alleged under Section 394 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner in the present case has been involved in this case only on mere suspicion without there being any material connecting him with the present case. It is submitted that the petitioner is in custody in connection with this case since 11.12.2017 but till date he was not put on T.I. Parade and no looted article has been recovered from his possession. It is submitted that the name of the petitioner transpired on the basis of the confessional statement of the

Patna High Court Cr.Misc. No.33451 of 2018 (2) dt.14-06-2018 2/3 petitioner said to have extracted by police under coercion and there is no material against the petitioner, hence, his prayer for bail may be considered. It is further submitted that in this case it is stated in Para 3 of the application that the petitioner has already been granted bail in all those cases and even in the case being Sasaram (Darigaon) P.S. Case No. 1352 of 2016 the petitioner has been granted bail during pendency of the present application. Learned APP for the State is present.

Considering the facts that the petitioner is on bail in all the cases against him and in the present case he is in custody for over six months, however it is submitted that petitioner was not put on T.I. Parade and no recovery has been made from him, let the petitioner above named be enlarged on bail on his furnishing 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., Rohtas at Sasaram in connection with Karahgar P.S. Case No. 21 of 2017, subject to the conditions U/S 437(3) Cr.P.C. and subject to further condition that one of the bailors should be a family member of the petitioner having no criminal history, the petitioner shall cooperate with investigation and shall appear for trial as and when required for early conclusion of the trial. The trial court is directed to conclude the trial as earlier as possible. In case of

Patna High Court Cr.Misc. No.33451 of 2018 (2) dt.14-06-2018 3/3 failure of the petitioner to appear before the learned trial court on two consecutive dates his bail bonds shall be liable for cancellation by the trial court.

(Rajeev Ranjan Prasad, J) Arvind/- Ved/Amjed/- U T