Hira Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62825 of 2017 Arising Out of PS.Case No. -59 Year- 2015 Thana -GWALPARA District- MADHEPURA ======================================================

1. Hira Yadav S/o Anrudh Yadav @ Aniruddha Yadav, R/o VillageHusaini, P.S.- Manshi, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gwalpara (Arar O.P.) P.S. Case No.59 of 2015 registered for the offences punishable under Sections 353, 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that neither the petitioner is named in the F.I.R. nor any incriminating article has been recovered from his possession. Except confessional statement of co-accused, there is nothing against him. The petitioner was apprehended on 25.08.2017 and till the date he has not been put on T.I. Parade. One co-accused Kishundeo Ram has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc.

Patna High Court Cr.Misc. No.62825 of 2017 (2) dt.11-01-2018 No.30682 of 2017.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj at Madhepura in connection with Gwalpara (Arar O.P.) P.S. Case No.59 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U