Yashwant Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.14933 of 2016 (3) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14933 of 2016 Arising Out of PS.Case No. -14 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Yashwant Singh Son of Mahendra Singh resident of village - Betauna, P.S. Patahi, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Aadapur P.S. Case No. 14 of 2015 registered for the offences punishable under Sections 392 and 412 of the Indian Penal Code. Allegedly, a black colour Bajaj Platina Motorcycle, cash of Rs. 5,000/- and two mobiles were snatched from the informant by three unknown miscreants.

Submission is of false implication and that the petitioner is in custody since 25.06.2015 but he has not been put on test identification parade, nothing has been recovered from his possession and on the basis of confession of co-accused Raju Singh @ Rajdeo Singh the petitioner has been implicated in this case and further confession of the petitioner has also been

Patna High Court Cr.Misc. No.14933 of 2016 (3) dt.17-05-2016 recorded forcibly.

Learned APP opposes the prayer of bail by submitting that looted mobile was being used by the petitioner which was recovered from possession of Rishideo Kumar and further the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering that nothing has been recovered from possession of the petitioner, other co-accused Mukesh Yadav @ Bachelal Yadav and Kaushal Kumar have been allowed bail, 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Adapur P.S. Case No. 14 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) avin/- U T