Patna High CourtCR. MISC./22193/2016bail granted

Pramod Yadav v. The State Of Bihar

2016-05-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22193 of 2016 Arising Out of PS.Case No. -173 Year- 2012 Thana -DHAMDAHA District- PURNIA ====================================================== Pramod Yadav Son of Late Jay Narayan Yadav, resident of village - Hathiyondha, Sindyriya Tola, P.S. - Bihariganj, District - Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under section 395 of the Indian Penal Code. The petitioner is not named in the first information report. From perusal of the impugned order, it reveals that the name of the petitioner transpires in the confessional statement of co-accused Santosh Kumar. Thereafter, the petitioner has been remanded in this case and is in custody since 16.04.2014. Submission is of false implication and that there is no legal and tangible material against the petitioner, he has not been put on T.I. Parade, nothing has been recovered from his possession and without any fault he is suffering in custody.

Patna High Court Cr.Misc. No.22193 of 2016 (2) dt.23-05-2016 2/2 The learned A.P.P. submits that the petitioner has got criminal antecedent.

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 1st Additional Sessions Judge, Purnea in connection with Sessions Trial No.34 of 2015 arising out of Dhamdaha P.S. Case No.173 of 2012, subject to the conditions that one of the bailors must be 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) N.H./- U T