Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28553 of 2015 Arising Out of PS.Case No. -279 Year- 2014 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Mohan Yadav S/o Late Sifat Yadav Resident of Village - Larjha Ghat, Police Station - Bithan, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Ram Sumiran Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 392 of the I.P.C and section 27 of the Arms Act.

It is submitted that the F.I.R is against unknown and there is no material against the petitioner except confessional statement of the petitioner and the co-accused. No test identification parade has been done and no incriminating article has been recovered from possession of the petitioner and further the petitioner is involved in one case wherein he is on bail and further other co-accused Ratan Kumar Kasyap has been allowed bail by order dated 07.08.2015 vide Cr. Misc. No. 14673 of 2015

Patna High Court Cr.Misc. No.28553 of 2015 (3) dt.16-10-2015 2/2 by another coordinate Bench of this Court.

In the facts and circumstances as stated above, the petitioner is also directed to 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 Additional Sessions Judge, Rosera at Samastipur in Sessions Trial No. 164 of 2015 arising out of Rosera P.S. Case No. 279 of 2014, 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) Abhay/- U T