Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.872 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jai Prakash Yadav, S/O Late Kailash Yadav, resident of villagePanchgawa, P.S.- Semra, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State and also learned counsel appearing for the informant.

Petitioner is named in the first information report but only suspicion has been raised against the petitioner. The police after due investigation submitted final form showing the accusation untrue against the petitioner. The impugned order reveals that charge sheet was submitted on 16.10.2015 but till the date of passing an order dated 15.12.2015, the cognizance of the offence was not taken.

Learned counsel appearing for the informant points out that a protest petition has already been filed against the

Patna High Court Cr.Misc. No.872 of 2016 (2) dt.11-01-2016 2/2 investigation of the police and order on cognizance as well as protest petition could not be passed as the Court was fallen vacant. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, 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 A.C.J.M., Bagaha, District- West Champaran in connection with Semra P.S. Case No.35 of 2015. (Hemant Kumar Srivastava, J) N.H./- U T