Pramatma Yadav @ Permatma Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.48418 of 2015 (3) dt.03-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48418 of 2015 Arising Out of PS.Case No. -106 Year- 2015 Thana -SAHPUR District- BHOJPUR ======================================================

1. Pramatma Yadav @ Permatma Yadav Son of Kishun Chand Yadav, Resident of Village - Javenia, Police Station - Shahpur, District - Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sahpur P.S. Case No. 106 of 2015 registered for the offences punishable under Sections 392 and 412 of the Indian Penal Code. Allegedly, four unknown miscreants committed robbery of two mobile sets, two video cameras and cash at the point of rifle. During investigation the name of the petitioner transpires.

Submission is of false implication and that the petitioner is not named in the FIR and he has not been put on test identification parade. His name has come in the statement of spy and in the confessional statement of co-accused Bharat Mahto.

Patna High Court Cr.Misc. No.48418 of 2015 (3) dt.03-12-2015 Nothing has been recovered from possession of the petitioner and he is suffering in custody since 03.08.2015 having no criminal antecedent.

Learned APP after going through the case diary fairly submits that co-accused has stated the name of the petitioner. In the facts and circumstances stated above, 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No. 106 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