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Patna High CourtCR. MISC./25566/2017bail granted

Manoj Yadav v. The State Of Bihar

2017-07-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25566 of 2017 Arising Out of PS.Case No. -313 Year- 2016 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Manoj Yadav, Son of Sri Basudeo Yadav, Resident of Village/MohallaWard No.-10, Indrawa Basti, Jhumari Tillaiya, P.S.- Tillaiya, DistrictKodarma. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Babita Kumari For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-07-2017 Heard Smt. Babita Kumari, learned counsel for the petitioner and learned Additional Public Prosecutor. The petitioner, apprehending his arrest in Rahui (Bhaganbigha ) P.S. Case No. 313 of 2016, registered for the offence under Section 420, 120(B) of the Indian Penal Code and Section 30(a), 38, 41 of the Bihar Excise Amendment Act , 2016 has prayed for grant of bail in the event of arrest or surrender . It was submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot, but his name has come on confessional statement of one of the accused persons. Learned counsel for the petitioner has further placed reliance on Annexure '2' to the petition i.e. an order dated

Patna High Court Cr.Misc. No.25566 of 2017 (2) dt.07-07-2017 2/2 01.03.2017 passed in Cr. Misc. No. 7761 of 2017. She submits that one of the co- accused has already been extended the privilege of anticipatory bail.

Considering the nature of accusation as well as the fact that petitioner's name has come on disclosure of the co-accused and the fact that one of the accused has been extended the privilege of anticipatory bail , in the event of arrest or surrender within a period of six weeks from today, let the petitioner Manoj Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - cum - Special Excise Judge, Biharsharif, Nalanda / concerned court in connection with Rahui (Bhaganbigha ) P.S. Case No. 313 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973.

(Rakesh Kumar, J) Praful/- U T