Rana Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32943 of 2018 Arising Out of PS.Case No. -173 Year- 2014 Thana -JAMALPUR District- MUNGER ====================================================== Rana Yadav, S/o Late Rajendra Yadav, R/o Vill.- Sandalpur, Jhajha Tola, P.S.- Kasim Bazar, District- Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 26.02.2018 in connection with Jamalpur P.S. Case No.173 of 2014 registered for the offence under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the petitioner was not named in the F.I.R., subsequently after a lapse of six months, his name has been taken by another coaccused in his confessional statement, which has no evidentiary value. It is further submitted that it is on such confessional statement that the petitioner is facing prosecution. Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on

Patna High Court Cr.Misc. No.32943 of 2018 (3) dt.04-07-2018 2/2 bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger, in connection with Jamalpur P.S. Case No.173 of 2014 corresponding to G.R. No.2536 of 2014, 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) PNM U T