Jaswant Kumar @ Jaswant Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34320 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Jaswant Kumar @ Jaswant Kumar Yadav, Son of Hari Ray @ Hari Rai, Resident of Village- Madhopur Hari, P.S.- Rajepur Tetariya, District- East Champaran (Bihar) and permanent resident of Village- Mohammadapur Sagar, P.S.- Tetariya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 29.01.2019 in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

The informant's tractor loaded with bricks was being robbed off, leading to registration of the FIR against five unknown accused persons. During investigation, the petitioner's statement was recorded in another case being Hajipur Sadar P.S. Case No. 27 of 2019 and subsequently, the tractor was recovered.

It is submitted by learned counsel for the petitioner that the petitioner was arrested in connection with Hajipur Sadar

Patna High Court CR. MISC. No.34320 of 2019(2) dt.27-05-2019 2/2 P.S. Case No. 27 of 2019 on 16.01.2019 and was subsequently, remanded in the present case on 29.01.2019, whereas the alleged tractor was recovered on 12.01.2019 prior to arrest of the petitioner in connection with Hajipur Sadar P.S. Case No. 27 of 2019 on 16.01.2019, hence, it cannot be said that on the statement of the petitioner, the tractor was recovered. Moreover, the investigation has already been concluded but the petitioner has not been put on T.I. Parade till date.

Learned APP submits that the name of the petitioner transpired during investigation.

Considering the fact that the investigation has already been concluded without the petitioner being put on T.I. Parade, let the above named petitioner 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 18 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T