This court granted bail to the petitioner in Sessions Trial No. 558 of 2012. The petitioner, currently a jail inmate not named in the original FIR, had been remanded without specific material for years after the case was registered against another accused.
Release on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount.
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Patna High Court Cr.Misc. No.8085 of 2013 (6) dt.17-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8085 of 2013
====================================================== 1. Deopujan Yadav S/O Late Wagha Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 6 17-09-2013 Supplementary affidavit is filed on behalf of the
petitioner.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner is not named in the first information report and later on, he has been remanded in this case on 24.01.2011 and since then he is languishing in jail custody.
The contention on behalf of the petitioner is that the present case was registered in the year 2002 against one Shivshankar Yadav from whose possession firearm was recovered and till the year 2011 police never tried to apprehend the petitioner and when petitioner was arrested in connection with another case, he was remanded in the present case also without any cogent material.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that
Patna High Court Cr.Misc. No.8085 of 2013 (6) dt.17-09-2013
after the year 2004, no case was registered against the petitioner, let the petitioner 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 Additional Sessions Judge-I, Danapur, Patna in connection with Sessions Trial No. 558 of 2012 arising out of Bikram P.S. Case No. 03 of 2002.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner, languishing in jail custody without being named in the initial FIR long after the case was registered against another person, is entitled to bail.
Deopujan Yadav
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
