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Patna High CourtCR. MISC./34758/2018bail granted

Sanjay Kumar Singh @ Sanjay Kumar Yadav @ Sanjay Yadav v. The State Of Bihar

2018-06-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34758 of 2018 ====================================================== Sanjay Kumar Singh @ Sanjay Kumar Yadav @ Sanjay Yadav, Son of Brij Bihari Singh, Resident of Village-Dehara, P.S.- Bikramganj, DistrictRohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv. For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 392 and 394 of the Indian Penal Code.

The impugned order reveals that the FIR is against unknown. Petitioner is in custody since 06.05.2017. Nothing incriminating was recovered from possession of the petitioner and petitioner was never put on T.I. Parade during investigation of the case.

The prayer for bail has been refused for the reason that the petitioner's name appeared in the confessional statement of co-accused before the police and allegation is of serious nature.

The aforesaid cannot be a ground to refuse the prayer for bail for the apparent reason that confession

Patna High Court Cr.Misc. No.34758 of 2018 (2) dt.19-06-2018 before the police is irrelevant and seriousness of the allegation cannot be a ground to refuse the prayer for bail unless involvement of the petitioner is there. In the circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Darihat Police Station Case No.12 of 2016, subject to the condition that 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. (Birendra Kumar, J) Nitesh/- U T