Dinesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.23912 of 2017 (3) dt.04-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23912 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -MAHKAR District- GAYA ====================================================== Dinesh Yadav, son of Udesh Yadav @ Udeshar Prasad, resident of VillageNarawat, P.S.- Atri, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Mahkar P.S. Case No. 57 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, 5-6 unknown criminals armed with revolver looted the truck bearing registration no. BR11S- 1935 and amount of Rs. 10,000/-, mobile and cash of Rs. 8,000/- from driver and mobile. The informant claimed to identify them after seeing. Submission is of false implication and that the petitioner is in custody since 15.02.2017 but he has not been put on test identification parade, nothing has been recovered from his conscious possession and only on the basis of confessional statement of co-accused the petitioner is suffering in custody without any fault and as such he deserves sympathetic

Patna High Court Cr.Misc. No.23912 of 2017 (3) dt.04-07-2017 consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that the petitioner has not been put on test identification parade, nothing has been recovered from his conscious possession, besides confessional statement there is no other material, 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 learned Chief Judicial Magistrate, Gaya in connection with Mahkar P.S. Case No. 57 of 2016, 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) avin/- U T