Puttun Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.47485 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47485 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ====================================================== Puttun Yadav, Son of Garib Yadav, Resident of Village- Lakhochak, P.S.- Chanan, District- Lakhisarai.

.... .... Petitioner/s The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mayank Bilochan, Advocate For the Opposite Party/s : Smt. Sahin Begam, ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.06.2017 in connection with G.R.P.S. Jhajha Case No. 04/2017 for the alleged offences under Section 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR which is against unknown persons. The petitioner's name surfaced on the confessional statement of co-accused Anil Yadav and except such confessional statement there is no other material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the possession of the petitioner nor any T.I. parade has been conducted to identify him.

4. Be that as it may, 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 A.C.J.M., Lakhisarai in connection with G.R.P.S. Jhajha Case No. 04/2017 on the following conditions:-

Patna High Court Cr.Misc. No.47485 of 2017 (2) dt.18-10-2017 (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 co-operate 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.

(iv) 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. (Vikash Jain, J) Chandran/BT U T