Patna High CourtCR. MISC./57335/2019bail granted

Sadhu Yadav v. The State Of Bihar

2019-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57335 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- CHANDI District- Bhojpur ====================================================== Sadhu Yadav S/o Ramuna Yadav R/o Village- Rupchakiya, P.O.- Khangaon, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394/34 of the Indian Penal Code and 27 of the Arms Act. Prosecution case in short is that the truck of the informant was overtaken by the accused persons and thereafter, firing was made as a result of which, the informant sustained fire arms injury. It is also alleged that some money was snatched from the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-06-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR.

Patna High Court CR. MISC. No.57335 of 2019(2) dt.13-09-2019 2/2 His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on test identification parade to ascertain his participation in the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Ara, Bhojpur in connection with Chandi P.S. Case No. 121 of 2018.

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