Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39405 of 2016 Arising Out of PS.Case No. -354 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Rakesh Yadav son of Shivadhar Yadav, R/o Village Dahala, P.S. Durgrawati, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S.Tr. No. 442/315 of 2015 arising from Bhabua P.S. Case No. 354 of 2014 registered for offences under sections 395, 397 and 412 of the Indian Penal Code.

The petitioner had earlier moved before this Court for regular bail in Cr. Misc. No. 8204 of 2016 and this Court, vide order dated 21.04.2016, rejected the same but liberty was given to renew his prayer for bail after completion of one year of jail custody.

Looking to the period of custody, facts and circumstance of the case, let the petitioner, Rakesh Yadav, be

Patna High Court Cr.Misc. No.39405 of 2016 (2) dt.21-09-2016 2/2 released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Kaimur at Bhabua in connection with S.Tr. No. 442/315 of 2015 arising from Bhabua P.S. Case No. 354 of 2014, subject to the condition that (i) one of the bailors shall be father/mother/wife/son of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates without any rhyme or reason, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T