Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32488 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -KEOTI District- DARBHANGA ====================================================== Mohan Yadav, son of Sri Ramdev Yadav, resident of village Kyamchak Tole - Bojpatti, P.S. Keoti, District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Shashank shekhar, Adv.

Mr. Nilesh Kumar, Adv.

Mr. Molay Kumar Choudhary, Adv.

For the Opposite Party/s : Mr. Sri Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 11.01.2018 in connection with Keoti P.S. Case No. 202 of 2017 for the offence registered under Sections 302/34 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the first information report, subsequently, several persons were taken into custody on suspicion. It is on the confessional statement made by one Dharmendra Yadav that the name of the petitioner has figured. Subsequent thereto, the petitioner has also been made to give confession. It is, thus, submitted that the petitioner cannot be prosecuted on the basis of his self-confession made before the

police, which has no evidentiary value.

Considering the aforesaid facts and circumstances of the case and that the petitioner having two other criminal case, in which, the petitioner has also extended the privilege of bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate -VII, Darbhanga in connection with Keoti P.S. Case No. 202 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) 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.

(Anjana Mishra, J) Jagdish/- U