Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29350 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -CIVIL LINE District- GAYA ====================================================== Mukesh Yadav son of Kailash Yadav resident of Mohalla Ghughari Tand, P.S. Vishnupad, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Manisha Prakash, Advocate For the Opposite Party/s : Mr. Sri Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code. Later on, Section 412 of the Indian Penal Code has been added.

Allegation is six unknown persons came to the house of the informant at night and on the point of gun, jewelleries and household articles were looted.

It has been submitted on behalf of the petitioner that he is in custody since 22.5.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner is not named in the F.I.R. He has not been put on T.I.P. to ascertain his implication in the present case. There is no recovery of any looted article from the possession of the petitioner. It is further submitted that petitioner may be released after completion of six months in custody, i.e., from 22.5.2016.

On behalf of the State, it is submitted that petitioner is not named in the F.I.R. His name has come in course of

Patna High Court Cr.Misc. No.29350 of 2016 (3) dt.02-09-2016 2/2 investigation. One day prior to the alleged occurrence, petitioner was seen in the said vicinity.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of six months in custody, i.e., from 22.5.2016 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Civil line P.S. Case no. 92 of 2016.

(Sudhir Singh, J) sudip/- U T