Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58869 of 2019 Arising Out of PS. Case No.-172 Year-2015 Thana- JAHANABAD District- Jehanabad ====================================================== VIJAY YADAV, aged about 36 years, Male, Son of Mithilesh Yadav, Resident of Village - Khajoori, P.S.- Karpi, District- Arwal. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar Dubey, Advocate.

For the Opposite Party :

Mr.Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 427, 387, 379, 506 of the IPC and 17 of Criminal Law Amendment Act. The prosecution story, in brief, is that on 24.05.2015 at night 11-12 P.M., six persons came in the Dhuriya Village under Kalpa O.P. where the informant and other were doing works and making new Bhawan of High School and they said the informant and his brother to stop the work otherwise result will kill. Five persons having armed with deadly weapons and one person having Danda, they began to break the Bamboo and took their mobiles. They also said them to send money from the owner. He did not identify the accused persons due to night.

Patna High Court CR. MISC. No.58869 of 2019(2) dt.18-09-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confession of the co-accused. The petitioner has not been put on T.I. Parade. There is no recovery from possession of the petitioner.

On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad, in connection with Jehanabad P.S. Case No. 172 of 2015.

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