Raj Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.12765 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12765 of 2017 Arising Out of PS.Case No. -66 Year- 2011 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ====================================================== Raj Kumar Yadav son of Sri Pramod Yadav, resident of Village- Bhelahi, P.S. Murliganj, District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sharda Nand Mishra, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.10.2016 in connection with Singheshwar P.S. Case No. 66 of 2011 for the offences alleged under Sections 394, 411 and 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Sushant Kumar. The petitioner is not named in the F.I.R. nor any recovery of incriminating articles has been made from his conscious possession. The petitioner appears to have been implicated merely because of his antecedents of four cases all of which were instituted between the years 2001 and 2004 in respect of which he is on bail.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 Chief Judicial Magistrate, Madhepura, in connection with

Patna High Court Cr.Misc. No.12765 of 2017 (2) dt.16-03-2017 Singheshwar P.S. Case No. 66 of 2011, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T