Samundar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.55682 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55682 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -PALI District- JEHANABAD ====================================================== Samundar Yadav, Son of Late Kameshwar Yadav, Resident of VillageGolakpur, P.S.- Pali, Distt. Jehanabad. .... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Pali P.S. Case No. 09 of 2016 registered for the offences punishable under Sections 399, 402, 353, 307 of the Indian Penal Code and Section 27of the Arms Act.

The Police, on receiving secret information about gathering of miscreants at the house of Suday Prasad Yadav, reached there, surrounded the house from where four persons were arrested and arms, ammunitions, cash and Naxal literature were also seized. They disclosed the name of the petitioner also that he and others succeeded in fleeing away.

Submission is of false implication and that alleged confessional statement of co-accused made before the Police has got no evidentiary value in the eye of law, without any cogent and

Patna High Court Cr.Misc. No.55682 of 2016 (2) dt.09-01-2017 sufficient material the petitioner is suffering in custody since 22.08.2016, co-accused Syamdeo Mochi who was caught with Rs.10,000/- and naxal literature has already been allowed bail vide Cr. Misc. No. 27793 of 2016 by another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration to which learned APP submits that the petitioner's name has come in the confessional statement.

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 Smt. Namita Singh, Sub-Judge III/concerned Court, Jehanabad in connection with Pali P.S. Case No. 09 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