✦ Patna High Court

Mohan Yadav v. The State of Bihar

AT PATNA CRIMINAL MISCELLANEOUS No. 37068 of 2012AHSANUDDIN2 min read

Case at a glance

Bench
AHSANUDDIN

Outcome

Bail granted

abovenamed petitioner be released on bail upon furnishing bail

Provisions considered

Judgment

.... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

2.

01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Bihia P.S. Case No. 41 of 2011 registered for offence punishable under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the F.I.R. was lodged against unknown persons and the allegation is that six persons had surrounded the informant and his cousin grandson at the point of pistol and then they took away the ornaments and also a motor cycle belonging to the informant’s cousin grandson. Learned counsel for the petitioner submits that only on the basis of the confessional statement of a co-accused, he has been implicated in the present case and thereafter in similar cases the police in a routine manner has made him an accused. Learned counsel submits that there has been no Test Identification Parade and also there is no recovery from the 2 Patna High Court Cr.Misc. No.37068 of 2012 (2) dt.01-11-2012 petitioner. The petitioner is in custody since 24.04.2012. Learned counsel also draws the attention of this Court to Annexure-2 which are order dated 13.08.2012 in Cr. Misc. No. 26629 of 2012 by which Rinku Yadav a co-accused and similarly situated has been granted bail by a co-ordinate Bench of this Court. Further in Cr. Misc. No. 31778 of 2011 by order dated

Operative part

03.02.2012 two more co-accused namely, Ramesh Chaudhary and Shambhu Chaudhary who are also similarly situated have been granted bail by a co-ordinate Bench of this Court. Learned A.P.P. for the State submits that the petitioner is involved in such crime and thus should not be granted bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihia P.S. Case No. 41 of 2011. The petitioner shall remain physically present before the Court below on each and every date till the disposal of the case and on failure to do so on two consecutive dates without sufficient cause, the Court concerned shall proceed to cancel the bail bonds of the petitioner. (Ahsanuddin Amanullah, J.) Anand Kr.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: abovenamed petitioner be released on bail upon furnishing bail

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — s. 395.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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