Vijay Yadav @ Gumani Yadav @ Vijay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22503 of 2016 Arising Out of PS.Case No. -141 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Vijay Yadav @ Gumani Yadav @ Vijay Son of Rameshwar Yadav Residents of Village- Shiva Bigha, P.S.- Jehanabad (Kalpa O.P.), DistrictJehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 395 of the I.P.C It is submitted that the name of the petitioner has transpired in this case in the confessional statement of co-accused Bijendra Yadav, the petitioner is in custody since 17.03.2016 but he has not been put on the test identification parade, nothing has been recovered from conscious possession of the petitioner and without any legal and tangible material he is suffering in custody, whereas, co-accused Bijendra Yadav, Arjun Paswan and Srikant Mahto have already been allowed bail by another coordinate

Patna High Court Cr.Misc. No.22503 of 2016 (2) dt.25-05-2016 2/2 Bench of this Court, to which the learned A.P.P. opposes by submitting that it is a case of road robbery. In the facts and circumstances as stated above, considering submissions of the parties, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sandeep Patel, J.M. 1st Class, Jehanabad in Paras Bigha P.S. Case No. 141 of 2014, 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) Abhay/- U T