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Patna High CourtCR. MISC./8784/2015bail granted

Bhola Ram v. The State Of Bihar

2015-04-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8784 of 2015 Arising Out of PS.Case No. -154 Year- 2014 Thana -MOKAMAH District- PATNA ======================================================

1. Bhola Ram Son of Sitaram Ram residnt of village- More, P.S.- Mokama, Dist- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13336 of 2015 Arising Out of PS.Case No. -154 Year- 2014 Thana -MOKAMAH District- PATNA ======================================================

1. Mohan Sao Son of Nawal Sao Resident of Village Mekra Dih, P.S. Mokama, District Patna.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.8784 of 2015) For the Petitioner/s : Mr. Premchandra Yadav, Advocate. For the Opposite Party/s : Mr. Veena Rani Prasad (App) (In Cr.Misc. No.13336 of 2015) For the Petitioner/s : Mr. Chandra Sen Prasad Singh, Advocate. For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-04-2015 Since both the cases have arisen out of one occurrence, they are being disposed of by this common order. Heard both sides.

The petitioners seek bail in Mokama P.S. Case No. 154 of 2014, registered for the offences punishable under Sections 395 and 412 and other Sections of the Indian Penal Code. The FIR is

Patna High Court Cr.Misc. No.8784 of 2015 (2) dt.01-04-2015 2/2 lodged against unknown.

Learned counsel for the petitioners submits that name of the petitioners figured in the case in the confessional statement of the co-accused. One Lal Mohan Ray @ Lal Mohan Yadav was apprehended and on the basis of his confessional statement the looted pick-up van was recovered from the house of his brotherin-law Jalandhar Yadav. The petitioners were not put on test identification parade and except confessional statement there appears no tangible evidence. Other accused person namely Sunil Kumar @ Salo Yadav has already been enlarged on bail. Prayer for bail of co-accused Lal Mohan Ray @ Lal Mohan Yadav from whose possession the stolen pick-up van was recovered has already been rejected.

Considering the facts aforesaid, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate/court concerned, Barh, Patna in connection with Mokama P.S. Case No. 154 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T