Abhiram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50180 of 2016 Arising Out of PS.Case No. -85 Year- 2014 Thana -JHANJHARPUR District- MADHUBANI ======================================================

1. Abhiram Yadav son of Kaleshwar Yadav resident of Village- Tengraha, P.S.- Bhaja, Distt- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing for the State.

Earlier the bail application of the petitioner was dismissed 'as not pressed' as criminal antecedent of the petitioner was not correctly disclosed in the bail application. Thereafter now the petitioner has filed fresh bail application. Submission is that the petitioner is not named in the F.I.R. and his name came in the confessional statement of the petitioner as well as in the confessional statement of co-accused made before the police, the petitioner has not been put on T.I.P., no identified article has been recovered from possession of the petitioner and only on the basis of confessional statement and criminal antecedent, the petitioner is suffering in custody since

Patna High Court Cr.Misc. No.50180 of 2016 (3) dt.07-12-2016 2/2 24.10.2014.

The learned A.P.P. submits that the petitioner has confessed his guilt and he has got criminal antecedent also. In the facts and circumstances stated above, considering that co-accused Ram Babu Sah, has been allowed bail vide order dated 08.02.2016 passed in Criminal Misc. No. 3705 of 2016 and as such the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the Learned A.C.J.M., Jhanjharpur Madhubani in connection with Jhanjharpur (Arariya Sangram) P.S. Case No. 85 of 2014, 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) siddharth/- U T