Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50225 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -SALKHUA District- SAHARSA ======================================================

1. Gautam Yadav S/o Late Devilal Yadav, R/o Vill.- Rasalpur, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section395 of the Indian Penal Code. The prosecution case, in brief, is that the accused persons snatched Rs. 50,000/- and a mobile from the informant on the point of pistol.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-04-2018 and there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. The petitioner has been made accused in this case due to mistake of fact. The same is evident from Annexure-2 series to the present application where the informant has stated that due to mistake of fact, he had named

Patna High Court Cr.Misc. No.50225 of 2018 (2) dt.14-09-2018 the petitioner in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saharsa in connection with Salkhua P.S. Case No. 66 of 2018.

(Sudhir Singh, J) A.K.V./- U T