Shadhu Sharan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 59194 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Shadhu Sharan Yadav, Son of Late Shivchand Yadav, R/o VillageMalhara, P.S.- Haspura, Dist.- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Surendra Kumar Mishra, Advocate For the Opposite Party/s : Mr Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Haspura Police Station Case No 77 of 2017 registered for the offence punishable under Section 395 of Indian Penal Code.

The allegation in the first information report is against unknown persons of loot. The petitioner submits that he has been implicated in this case only on the basis of confessional statement of coaccused and other than that, there is nothing against him. No recovery has been made from the possession of the petitioner neither he has been put on test identification parade. He submits that in the other cases pending against him, as mentioned in paragraph 3 of the petition, the petitioner is already on bail. Relying upon his Aadhar Card, he submits that he is aged about 63

Patna High Court Cr.Misc. No.59194 of 2017 (3) dt.19-12-2017 2/2 years and that on the basis of suspicion, his name has been dragged in the instant case.

Considering the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Daud Nagar, District - Aurangabad in Haspura Police Station Case No 77 of 2017, GR No 323 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U