Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58836 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -KATORIA District- BANKA ======================================================

1. Ramesh Yadav S/o Bashudev Yadav, R/o Village- Pujhardih, P.S.- Chandan, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra Mishra Mr. Md. Nurul Hoda For the State : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 24.06.2017 in connection with a case registered for the offences punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act and 3, 4, and 5 of the Explosive Substance Act. It has been submitted by learned counsel for the petitioner that the petitioner has been named in the present case on the basis of a confessional statement made by co-accused and also his own confession made before the police which has no evidentiary value. He submits that earlier the petitioner had been implicated in false cases and is being harassed by the police. Learned counsel for the petitioner further submits that the

Patna High Court Cr.Misc. No.58836 of 2017 (2) dt.14-12-2017 2/3 petitioner is merely a driver working in Bangalore and, off and on, he is being harassed on vague and indistinct charges. Considering the aforementioned facts and circumstances and that in connection with the present case, the petitioner has already been in custody for five months, 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 A.C.J.M.-1, Banka, amount each to the satisfaction of the learned in connection with Katoria P.S. Case No. 93/2017, subject to the following conditions:-

(1) One of the bailors will be his own relative, namely, 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

Patna High Court Cr.Misc. No.58836 of 2017 (2) dt.14-12-2017 3/3 shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T