Baban Yadav @ Misnut v. The State Of Bihar

Patna High Court Cr.Misc. No.19314 of 2017 (2) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19314 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== BABAN YADAV @ MISNUT Son of Late Munni Yadav, Resident of village - Manpa, P.S. Murar, District - Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Shahpur (Karnamepur) P.S. Case No. 243 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code. Allegedly, when the informant was returning to his house along with his brother after collecting money from his customers, two persons pointed pistol on them and at the same time 10-12 other criminals also came there and all the accused persons looted away Rs. 10 lakhs.

Submission is of false implication and that the petitioner is not named in the first information report, the name of the petitioner has come in the confessional statement of coaccused, nothing has been recovered from possession of the petitioner, the petitioner is in custody since 20.11.2016 but he has

Patna High Court Cr.Misc. No.19314 of 2017 (2) dt.18-05-2017 not been put on test identification parade, without any legal and cogent material he is suffering in custody.

Learned APP submits that in this case similarly situated other co-accused have been allowed bail. 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 the learned A.C.J.M. 14, Bhojpur (Ara) in connection with Shahpur (Karnamepur) P.S. Case No. 243 of 2016, 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