Patna High CourtCR. MISC./51022/2018bail granted

Raj Kishor Yadav @ Bhuto Yadav @ Shyam Sunder Yadav v. The State Of Bihar

2018-09-04Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.51022 of 2018 (2) dt.04-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51022 of 2018 Arising Out of PS.Case No. -670 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Raj Kishor Yadav @ Bhuto Yadav @ Shyam Sunder Yadav Son of Jayram Mandal Resident of Village- Simraha, P.S. Forbesganj, DistrictAraria, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.K.Sharma For the Opposite Party/s : Mr. A.K.Singh,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.

The petitioner seeks pre-arrest bail in Forbesganj(Simraha) P.S.Case No.670 of 2017/ G.R.No.2864/17 registered for the offence under Sections 395 of Indian Penal Code.

The petitioner is not named in the F.I.R. and Section 395 of I.P.C. is not attracted against the petitioner. Submission of the learned counsel for the petitioner is that except confessional statement there is nothing against the petitioner and no recovery has been affected. The petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.51022 of 2018 (2) dt.04-09-2018 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in Farbesganj (Simraha) P.S.Case No.670 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must 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 and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U