Yashwant Singh @ Jaswant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41760 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Yashwant Singh @ Jaswant Singh, Son of Mehendra Singh, Resident of Village- Betauna, P.S Patahi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with S. Tr No. 1039 of 2015 arising out of Chhauradano P.S Case No. 47 of 2015 registered for the offences punishable under Sections 387, 147, 148, 149, 440, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

Allegedly, the petitioner is not named in the F.I.R., his name transpired during investigation in his confessional statement as well as in confessional statement of co-accused Dularchand Sahani and Bachchelal Yadav. Further the petitioner has got criminal antecedent as he is involved in 10 cases. Submission is of false implication and that petitioner is not named in the F.I.R., nothing has been recovered from his

Patna High Court Cr.Misc. No.41760 of 2016 (2) dt.06-10-2016 2/2 possession, on the basis of confessional statement of accused, he has been remanded in this case, resulting, he is suffering in custody since 19.06.2015. The petitioner has been made victim of police atrocity, as he has been involved in 10 more cases. The learned A.P.P. opposes the prayer of bail by pointing out the criminal antecedent of the petitioner and further that the petitioner has also confessed his guilt. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Sri N.K. Priyadarshi, J.M. 1st Class, Raxaul, in connection with S. Tr. No. 1039 of 2015 arising out of Chhauradano P.S Case No.

47 of 2015, 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.) Rajiv/- U T