Patna High CourtCR. MISC./63458/2017allowed

Rajesh Yadav @ Hiralal Yadav @ Pintu Yadav @ Rajesh v. The State Of Bihar

2018-01-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63458 of 2017 Arising Out of PS.Case No. -460 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== RAJESH YADAV @ HIRALAL YADAV @ PINTU YADAV @ RAJESH, Son of Late Bhola Yadav, Resident of Village and PostHaripur, P.S. and District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Rajoun P.S. Case No. 460 of 2017 for an offence under section 394 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 12.09.2017. Referring to the paragraph-3 of the petition, he submits that the petitioner has no criminal antecedent. The First Information Report was registered against unknown. The name of the petitioner figures on the confessional statement of co-accused. There is specific statement in the petition in

Patna High Court Cr.Misc. No.63458 of 2017 (2) dt.10-01-2018 2/2 paragraph-8 that the petitioner has not been put on Test Identification Parade.

In view of the fact that the petitioner was not named in FIR and he has not been put on TIP coupled with the fact that the petitioner has no criminal antecedent, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 460 of 2017 on the condition that the bailors should be family members of the petitioner.

(Anil Kumar Upadhyay, J) Ravi/- U T