Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 49327 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Arun Yadav S/o Bisundeo Yadav, R/o Village- Fatehpur, P.S.- Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Nafisuzzoha, Advocate For the S t a t e : Mr Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 457, 380 of Indian Penal Code.

Allegation in the first information report pertains to robbery in the house of the informant. FIR has been lodged against unknown persons. Petitioner's counsel submits that merely on the basis of confession of co-accused Bikku Paswan, he has been made an accused in this case and apart from this, there is no evidence against the petitioner on record. It is further submitted that nothing has been recovered from the possession of the petitioner to connect him with the occurrence and that till date, he has not even been put on test identification parade.

Patna High Court Cr.Misc. No.49327 of 2017 (2) dt.18-10-2017 2/2 Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Narpatganj Police Station Case No 35 of 2017 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T