Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55982 of 2018 Arising Out of P.S.Case No. -19 Year- 2017 Thana -BANDHUWA KURAWA District- BANKA ====================================================== Chandan Yadav S/o Bishnu Yadav, R/o Vill.- Methibaran, P.S.- Jaipur, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Bandhuwa Kurawa P.S.Case No.19 of 2017 registered for an offence under Section 392 of the IPC.

Allegation is that in a road robbery one Chhotu Yadav was apprehended who disclosed the name of this petitioner. It has been submitted that except disclosure of the name of petitioner by Chhotu Yadav, there is no other material. Neither any incriminating article has been recovered from the possession of the petitioner nor he was put on test identification parade. The co-accused Chhotu Yadav who was apprehended on the spot has been granted bail by a coordinate Bench of this Court in

Patna High Court Cr.Misc. No.55982 of 2018 (2) dt.28-09-2018 2/2 Cr.Misc.No.48608 of 2017. Petitioner is in custody since 07.07.2017.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner 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 ACJM-III, Banka in connection with Bandhuwa Kurawa P.S.Case No.19 of 2017 with 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 themselves 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.

(Sanjay Kumar, J) B.Kr./- U T