Roushan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.44382 of 2014 (4) dt.24-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44382 of 2014 Arising Out of PS.Case No. -578 Year- 2012 Thana -SUPAUL District- SUPAUL ======================================================

1. Roushan Yadav S/o - Bhupendra Yadav Resident of Village - Lokha, P.S. and Distt. - Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Adv For the Opposite Party/s : Mr. Amrendra Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-03-2015 Supplementary affidavit filed on behalf of petitioner has been kept on record.

Heard learned counsel for the petitioner as well as learned APP for the State.

Informant, Suraj Kant Jaiswal was deprived of his motorcycle along with cash appertaining to Rs. 1,20,000/-, as well as valuable documents relating to gas agency as he happens to be an employee of Bhawani Gas Agency.

It has been submitted on behalf of the petitioner that after his apprehension, although, no incriminating material was recovered from his possession, he was also not put on TIP. In likewise manner, the informant being examined as PW-2 on 14.02.2014, had not claimed identification against the petitioner to be one of the culprits. So, no substantial evidence now remains

Patna High Court Cr.Misc. No.44382 of 2014 (4) dt.24-03-2015 against the petitioner.

On the other hand, learned APP opposed the prayer for bail and submitted that presence of criminal antecedents is sufficient to infer that whole things have been managed by the petitioner in the background of his notoriety. Regard being had to the facts and circumstances of the case, petitioner, Roushan Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar, Judicial Magistrate-1st Class, Supaul/successor in the office in connection with Supaul P.S. Case No. 578/2012, G.R. No. 1912/2012. (Aditya Kumar Trivedi, J) perwez U T