Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41488 of 2016 Arising Out of PS.Case No. -318 Year- 2011 Thana -SUPAUL District- SUPAUL ====================================================== Santosh Yadav Son of Dashrath Yadav resident of village - Mundichak ( Banma O.P. ), P.S. Salkhua, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 18-122012 in a case registered under Sections-394, 302 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is neither named in the first information report nor, has been put on test identification parade and it appears from perusal of the impugned order that the petitioner was arrested on suspicion and, thereafter, confessed his guilt. Therefore, the impugned order goes to show that except the so-called confessional statement of the petitioner as well as some criminal antecedent, there is nothing against the petitioner. Considering the above-said facts and circumstances

Patna High Court Cr.Misc. No.41488 of 2016 (3) dt.06-10-2016 2/2 as well as period of detention of the petitioner in jail custody, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Supaul P.S. Case No. 318 of 2011 to the satisfaction of Shri Kumar Krishnadeo, learned Judicial Magistrate, Supaul.

(Hemant Kumar Srivastava, J) A.K.V./- U T