Patna High CourtCR. MISC./13592/2020allowed

Baleshwar Yadav v. The State Of Bihar

2020-02-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13592 of 2020 Arising Out of PS. Case No.-11 Year-2002 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== BALESHWAR YADAV S/o Late Somar Yadav Resident of VillageHasanpur, P.S.- Magadh University, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 395 and 397 of the Indian Penal Code. Later on Section 414 IPC was added. Submission is that F.I.R. of the occurrence of dacoity is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused. Petitioner is in custody since 12.12.2019. Petitioner was never put on T.I.P. nor any incriminating article was recovered from his possession. The person who had confessed before the police has already been allowed bail.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.13592 of 2020(2) dt.29-02-2020 2/2 Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Magadh University P.S. Case No. 11 of 2002, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T