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Patna High CourtCR. MISC./31529/2017bail granted

Rahul Yadav @ Rahul Kumar v. The State Of Bihar

2017-07-27Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31529 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -AGIAUN District- BHOJPUR ======================================================

1. Rahul Yadav @ Rahul Kumar Son of Sri Lok Prakash Singh Resident of Village- Sikraul, P.S. Sikrahata, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. U.L. Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire case is made out against the petitioner is false and mischievous and has been brought about only to place the petitioner behind bars just after he was released in connection with several other cases by this Court in a regular bail application. He further submits and states that the petitioner, once again, apprehends that once he is placed behind bars, he will be remanded in connection with several other cases on the basis of confessional statement made by co-accused persons which are having no evidentiary value, but will cause serious prejudice to the petitioner. He thus submits that this Court may impose conditions as may be fit and

Patna High Court Cr.Misc. No.31529 of 2017 (3) dt.27-07-2017 P2/3 proper so that he shall not evade the processes of the Court as and when required.

Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and in view of the fact that the name of the petitioner has come in connection with the present case on the basis of the confessional statement made before the police by the co-accused persons which has no evidentiary value, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VIII, Ara, in connection with Agion Bazar P.S. Case No. 7/16, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It is made clear that one of the bailors of the petitioner shall be his father who is a government servant and has sworn in the present affidavit.

It is further submitted that the petitioner shall present himself before the concerned Thana on the 15th of each month thereafter and also appear in the Court below as and when required. In case, the same is not done, it shall be open to the

Patna High Court Cr.Misc. No.31529 of 2017 (3) dt.27-07-2017 P3/3 Court below to cancel his bail bonds and proceed in accordance with law.

(Anjana Mishra, J) Saif/- U T