Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22592 of 2016 Arising out of PS.Case No. -236 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Santosh Yadav, S/o Late Hishabi Yadav, resident of Village- Tilkarampur, P.S.-Muffasil, District-Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Yadav, Advocate. For the Opposite Party : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.03.2016 in connection with Mansi P.S. Case No. 236 of 2015 for the offences instituted under Section 394 of the IPC. The prosecution story, in brief, is that on the alleged date and time of occurrence while the informant was going to Khagaria on motorcycle and when reached ahead of Mansi P.S. three miscreants asked him to stop but the informant continued to drive motorcycle and miscreants fired two shots and also chased the informant and the thieves shot fired hit in the hand of the informant who managed to reach his house at Khagaria and moved to hospital for treatment.

Patna High Court Cr.Misc. No.22592 of 2016 (3) dt.02-08-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.03.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses against the petitioner. He is not named in the FIR. His name has come on the basis of confessional statement of co-accused. He has not been put on T.I. Parade to ascertain his implication in the present case. There is no recovery of any incriminating article from conscious possession of the petitioner. On behalf of the State it has been submitted that in course of investigation the petitioner has confessed his guilt. The petitioner has got as many as six criminal cases pending against him.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Mansi P.S. Case No. 236/2015, pending in the court of the learned C.J.M., Khagaria.

U.K./- (Sudhir Singh, J) U T