Mahesh Yadav And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.42242 of 2015 (3) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42242 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Mahesh Yadav S/o Baldeo Yadav

2. Jhabbar Marik @ Jhabbar Yadav S/o Late Ram Krishna Yadav Both village - Achara, P.S. Fulkaha, District - Araria .... .... Petitioners

Versus

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

For the Petitioners : Mr. Kundan Kumar Singh For the Opposite Party : Mr. Akhileshwar Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners are languishing in jail since 26.06.2015 in a case instituted under Sections 395 and 397 of the Indian Penal Code.

As per prosecution case, it is a case of robbery and also looted some ornaments of the informant as also cash of Rs.6,000/- by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 26.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioners. Petitioners are not named in the FIR. No test identification parade has been held. There is no

Patna High Court Cr.Misc. No.42242 of 2015 (3) dt.04-11-2015 recovery of any incriminating article from the possession of the petitioners. It is further submitted that the petitioners may be released after completion of nine months in custody from 26.06.2015.

On behalf of the State, it has been submitted that the name of the petitioners has come on the basis of confessional statement of a co-accused and both the petitioners have got criminal antecedent.

Considering the aforesaid facts and circumstances, it is directed that the petitioners be released after completion of nine months in custody from 26.06.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Forbesganj (Simraha) P.S.Case No.118 of 2015. (Sudhir Singh, J) B.Kr./- U T