Raj Ballabh Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34799 of 2017 Arising Out of PS.Case No. -229 Year- 2012 Thana -MADANPURA District- AURANGABAD ======================================================

1. Raj Ballabh Bhuiyan, son of Late Fudi Bhuiyan, resident of VillageTemura, P.S.- Pauthu District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 229 of 2012, registered for offences punishable under Section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that no recovery has been made from the possession of the petitioner and so far other criminal antecedents are concerned, they are very old cases as some of them are of the year 2004 as well as year 2012. Further other co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 17.03.2016 passed in Criminal Miscellaneous No. 8798 of 2016 and petitioner has been

in judicial custody since 22.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and also other co-accused has already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad, Bihar, in connection with Madanpur P.S. Case No. 229 of 2012, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T