Chhotu @ Shravan @ Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72508 of 2021 Arising Out of PS. Case No.-37 Year-2019 Thana- TEKARI District- Gaya ====================================================== CHHOTU @ SHRAVAN @ AJAY YADAV Son of Abhimanu Yadav Resident of Mohalla - Darma, P.S. - Uphara, District - Aurangabad, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 387 of the Indian Penal Code and section 16B and 17 of the UAP Act. As per the prosecution case, 15-20 unknown accused persons came variously armed and destroyed the JCB of the informant as also assaulted the night guard Ramakant Yadav and Ajay Paswan. The accused persons took away their mobile phones giving threats that the levy should be reached to them and till then the work should be stopped. They were saying that they belonged to the T.P.C. organisation. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial court rejecting the prayer for bail of the petitioner, it is submitted that name of the petitioner transpired in the confessional statement of co-accused Mangal Singh @
Patna High Court CR. MISC. No.72508 of 2021(2) dt.08-06-2022 2/2 Jitendra Singh. The said Mangal Singh @ Jitendra Singh has been enlarged on bail vide order dated 20.2.2021 (Annexure-2) passed in Cr. Misc. no.34616 of 2020. The petitioner is in custody since 6.5.2019 and chargesheet has been submitted in the case without putting the petitioner on T.I. parade. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the contents of the order of the learned trial court, grant of bail to co-accused Mangal Singh @ Jitendra Singh on whose confessional statement before the police the name of the petitioner transpired and chargesheet having been submitted in the case without putting the petitioner on T.I. parade inspite of the petitioner having remained in custody for more than 3 years, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.79 of 2020 (arising out of Tekari P.S. Case no.37 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st , Gaya.
(Partha Sarthy, J) Saurabh/- U T