Kuse Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62517 of 2017 Arising Out of PS.Case No. -316 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Kuse Yadav Son of Sri Ram Chandra Yadav Resident of village- Sihuli, P.S. Bena, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-03-2018 Heard the learned counsel for the petitioner and the learned A.P.P.

Petitioner seeks regular bail in Sheikhpura P.S.Case No.316 of 2017 instituted for the offence under Section 395 of the I.P.C.

Allegation in brief is that tractor of the informant was robbed by some miscreants and during course of investigation subsequent to his confessional statement looted tractor was recovered from another accused Kaushal Yadav. Learned counsel for the petitioner submits that there is no recovery of tractor from possession of the petitioner and, in fact, co-accused Kaushal Yadav in his confessional statement has

Patna High Court Cr.Misc. No.62517 of 2017 (3) dt.06-03-2018 2/2 not named this petitioner and another co-accused Kuber Kumar has been admitted to bail by coordinate Bench of this Court vide order dated 05.01.2018 passed in Cr.Misc.No.61680 of 2017. Learned counsel for the State submits that the petitioner has suppressed the fact by saying that one case under Section 395 of I.P.C. was instituted prior to this case rather as per the statement made in para 88 of the case diary he is involved in many cases. Considering the aforesaid facts and circumstances, prayer for bail of the petitioner is rejected. (Arun Kumar, J) AnilKrSinha/- U T