Subhilesh @ Sublesh Yadav @ Subhlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68129 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== Subhilesh @ Sublesh Yadav @ Subhlesh Yadav S/o Rajendra Prasad Yadav @ Rajendra Yadav, Resident of Village- Murli, P.S. Salkhua, (O.P. Banma), District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Salkhua P. S. Case No. 66 of 2018 instituted for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The petitioner has been made accused in this case on the ground that one mobile phone has been recovered from pocket of this petitioner. It has further been submitted that no T.I.P. has been held either of the petitioner or of the article which is alleged to have been recovered from possession of this petitioner. It has further been pointed out that one of the named accused, namely, Gautam

Patna High Court Cr.Misc. No.68129 of 2018(2) dt.26-11-2018 2/2 Yadav has already been granted bail by co-ordinate Bench of this Court by order dated 14.9.2018 passed in Cr. Misc. no. 50225 of 2018.

The petitioner is in custody since 16.5.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Saharsa, in connection with Salkhua P. S. Case No. 66 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T