Bada Babu Yadav @ Vikash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.54578 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54578 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -ROSERA District- SAMASTIPUR ====================================================== Bada Babu Yadav @ Vikash Yadav S/o BamBahadur Yadav Resident of Village-Jahangirpur, Police Station-Singhia, District-Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rosera P.S. Case No. 134 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

The petitioner is not named in the first information report which is against three unknown miscreants but, as submitted, during course of investigation one co-accused namely, Chhotu Ram was arrested in connection with other case who later on in his confessional statement stated the name of the petitioner also and thereafter, the petitioner was arrested and his confessional statement has also been got recorded forcibly, the petitioner is in custody since 10.08.2016 but no test identification parade has been conducted, nothing has been recovered from possession of the

Patna High Court Cr.Misc. No.54578 of 2016 (2) dt.23-12-2016 petitioner and save and except the confessional statement there is no other material against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera in connection with Rosera P.S. Case No. 134 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T