Patna High CourtCR. MISC./44582/2017bail granted

Mahendra Yadav And ANR v. The State Of Bihar

2017-09-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44582 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================

1. Mahendra Yadav son of Hari Yadav Resident of Village - Ker Tola Gaya Bigha, Police Station - Konch, District - Gaya.

2. Satendra Yadav @ Somar Yadav @ Satendra Kumar son of Rajendra Yadav R/o Village - Ker Tola, Dewan Bigha, Police Station - Konch, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Harendra Kumar Singh, Advocate For the Opposite Party/s : Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/379/386/387/504 of the Indian Penal Code. The petitioners are not named in the F.I.R. rather the F.I.R. is against unknown. Names of the petitioners had surfaced on the confessional statement of co-accused. The petitioners have stated on oath that they have got no criminal antecedent. Submission of the learned counsel for the petitioners is that confession of co-accused before police is no evidence in the eye of law.

Patna High Court Cr.Misc. No.44582 of 2017 (2) dt.19-09-2017 P2/ Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal/successor Court in connection with Karpi Police Station Case No. 23 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T