Abhiram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26061 of 2016 Arising out of PS.Case No. -137 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Abhiram Yadav, Son of Kaleshwar Yadav, R/o Village- Tengraha P.S. Bheja Distt Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Soban Asghar, Advocate. For the Opposite Party : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 14.05.2015 in connection with Madhubani (Town) P.S. Case No. 137 of 2015 corresponding to G.R. No. 845 of 2015 for the offences instituted under Sections 189, 203, 209, 327, 353, 387 and 506 of the IPC. The prosecution story, in brief, is that the informant, Atulveer Singh, Principal Judicial Magistrate, Juvenile Justice Board, Madhubani, gave a written report to the S.H.O. Madhubani (Town) P.S. on 09.04.2015 alleging therein that on the same day in the morning, two calls came on his Mobile No. 9470258426, on which the person told him that he happens to be Justice V. N.

Patna High Court Cr.Misc. No.26061 of 2016 (4) dt.30-08-2016 2/3 Sinha. A person Abhiram Yadav (petitioner) has been declared as juvenile but he did not send to the Remand Home. If the informant came Patna meet him. Again that person asked him also what action can be taken. The police has falsely implicated him. The family of Abhiram Yadav(petitioner) was working at his place. His man will meet the informant. That person repeatedly told himself to Hon'ble Justice V. N. Sinha. He alleged that the Mobiling person had been putting pressure on his duty for influence and threatened.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.05.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The Mobile which is alleged to have been used in course of occurrence belongs to one Jaideo Bhutan. The petitioner has been made accused in the present case due to mistake of fact. The other coaccused have been granted bail vide Cr. Misc. Nos. 26215/2015 and 54612/2015.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.26061 of 2016 (4) dt.30-08-2016 3/3 bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani, in connection with Madhubani (Town) P.S. Case No. 137 of 2015, G.R. No. 845 of 2015.

U.K./- (Sudhir Singh, J) U T