Rajkishor Yadav @ Fauzdari @ Faugdar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42657 of 2018 Arising Out of PS.Case No. -90 Year- 2018 Thana -MARHAURA District- SARAN ======================================================

1. Rajkishor Yadav @ Fauzdari @ Faugdar, S/o Ramjit Ray, Resident of Village- Sangrampur, P.S.- Taraiya, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 15.05.2018 in connection with Marhowrah P.S. Case No. 90 of 2018 registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that only on the basis of the confessional statement made before the police by co-accused persons which is not admissible in the eye of law, the petitioner has been taken into custody. He further submits that the petitioner will co-operate in the trial and will abide by the terms and conditions of this Court.

In view of the aforementioned facts and

Patna High Court Cr.Misc. No.42657 of 2018 (2) dt.20-07-2018 2/2 circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Marhowrah P.S. Case No. 90 of 2018, subject to the following conditons:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their 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 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) Saif/- U T