Navin Kumar @ Navin Kumar Yadav @ Bauwa Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18315 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Navin Kumar @ Navin Kumar Yadav @ Bauwa Yadav, Son of Bal Krishn Yadav, Resident of Village- Uparkha, Police Station- Triveniganj, DistrictSupaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 15.01.2018 in connection with Triveniganj P.S. Case No. 198 of 2017 for the offence registered under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no cogent material in the case diary save and except the confessional statement made by the co-accued so as to implicate the petitioner in connection with the present case. He further submits that till date the petitioner has not been put on T.I. Parade nor any incriminating article has been found from his possession.

Learned counsel for the State, after perusal of the case diary and also upon consideration of false evidence which has come therein, has submitted that pursuant to the confession, the silver coloured Indica vehicle, which has been used for making the informant captive, was found in front of the house of the petitioner. It is also submitted by learned counsel for the State that from the petitioner's house several cans of diesel were recovered, and as such, the petitioner's implication in connection with the present case cannot be ruled out.

Having heard learned counsel for the petitioner and learned counsel for the State and even after considering the aforementioned submission of the learned counsel for the State, it appears that till date there has been no T.I. Parade, though the petitioner has been languishing in jail for past four months. It also appears from perusal of the first information report that the informant had identified the accused persons and given a clear description of those who had participated in the occurrence.

Considering the aforesaid facts and circumstances of the case and since no T.I. Parade has been conducted till date, let the petitioner, above named, 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 ACJM1st, supaul in connection with Triveniganj P.S. Case No. 198 of 2017.

(Anjana Mishra, J) Jagdish/- U