Chhote Yadav @ Shyam Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50534 of 2018 Arising Out of PS. Case No.-390 Year-2017 Thana- GRIYAK District- Nalanda ====================================================== Chhote Yadav @ Shyam Sundar Yadav S/o Shivdani Yadav, R/o Vill.- Khanpura, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Prosecution case, in short, is that the accused persons, variously armed, on the point of pistol looted the belongings of the informant including cash. They have also assaulted the informant and family members by fire arm.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.1.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in course of investigation on the disclosure made by

Patna High Court Cr.Misc. No.50534 of 2018(2) dt.14-09-2018 2/2 co-accused Sadhu Yadav @ Ranjit. No recovery of incriminating article is made from the conscious possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his implication in the present case. It is further submitted that the petitioner may be released after completion of one year in custody.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation. The petitioner has got criminal antecedent.

Considering the aforesaid facts and circumstances, it is directed that after completion of one year in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Giriyak P.S. Case No. 390 of 2017.

(Sudhir Singh, J) Pankaj/- U T