Patna High CourtCR. MISC./50401/2015bail granted

Sudarshan Yadav v. The State Of Bihar

2015-11-10Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50401 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -BRAHMPUR District- BUXAR ====================================================== Sudarshan Yadav Son of Late Bishwanath Yadav, Resident of villageNawadih, Mahadev Dera, P.S.- Brahmpur, District- Buxar .... .... Petitioner

Versus

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

For the Petitioner : M/s. Surendra Kumar Singh, Tulika Singh, Advocates For the State : Mr. Mustaque Alam (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered under Sections 395 and 398 of the Indian Penal Code. It has been submitted on behalf of the petitioner that F.I.R. was lodged against unknown persons and during the investigation also no material could be collected against the petitioner. Even the petitioner was put on Test Identification Parade but the persons could not identify him though it has been dealt with in the order of the Sessions Judge that the persons who have come to identify the accused were not the proper persons. It is urged that even if it is like that, it will go in favour of the

Patna High Court Cr.Misc. No.50401 of 2015 (2) dt.10-11-2015 2 / 2 accused persons as the proper Test Identification Parade could not be conducted till date. Petitioner is stated to be in custody since 29.08.2015 and it is also stated that petitioner's antecedent is clean. Learned counsel submits that the petitioner has been implicated merely on the basis of suspicion. Having regard to the facts and the circumstances of the case, the petitioner, Sudarshan Yadav is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No.57/2014 with a condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T