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Patna High CourtCR. MISC./44177/2017allowed

Akhilesh Yadav v. The State Of Bihar

2017-09-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44177 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BANDIYA District- AURANGABAD ====================================================== Akhilesh Yadav, S/o Late Ram Barat Yadav, Resident of Village- Akauni, P.S.- Goh, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and the State.

Petitioner is accused in Bandeya P.S.Case No.12/17 for the offences punishable under Sections 341, 323, 353, 385, 427, 435, 504, 506/34 of the Indian Penal Code and Section 17 of the C.L.A. Act.

F.I.R. was lodged against unknown.

Petitioner's name has surfaced on the basis of confessional statement of co-accused Sarjoo Ram. Counsel for the petitioner submits that there is no material on record to connect the petitioner in the commission of the crime. Save and except the confessional statement and

Patna High Court Cr.Misc. No.44177 of 2017 (2) dt.19-09-2017 2/2 suspicion, there is no material other than the confessional statement, even remotely connected with the petitioner. Having regard to the facts and circumstances, petitioner's name figured in the confessional statement of Sarjoo Ram and he is in custody since 21.6.2017, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Daudnagar, District Aurangabad, in P.S. Case No. Bandeya P.S. Case No.12 of 2017 subject to the condition that the bailors should be close relative and the petitioner will cooperate in conclusion of the trial and will not tamper, in any manner, with evidence or influence the witnesses. (Anil Kumar Upadhyay, J) AnilKrSinha/- U T