Prabhansh Kumar Bharti @ Prbhansh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.56253 of 2015 (2) dt.15-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56253 of 2015 Arising Out of PS.Case No. -239 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== PRABHANSH KUMAR BHARTI @ PRBHANSH YADAV, SON OF SRI AWADESH YADAV, RESIDENT OF VILLAGE- KOCHGAMA, P.S. & DISTRICT- ARARIA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Praveen, Advocate. For the Opposite Party/s : Mr. Uma Nath Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Araria P.S. Case No. 239 of 2015 registered under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner was neither caught hold on the spot nor anything was recovered from his conscious possession but later on the name of the petitioner has come in the confessional statement of coaccused, Munna, who is said to be apprehended by the police, just after the occurrence on chased near the hotel. It is further submitted that petitioner has no criminal antecedent and is in

Patna High Court Cr.Misc. No.56253 of 2015 (2) dt.15-12-2015 custody since 15.09.2015. Learned counsel for the petitioner further submits that co-accused, Munna Sao, who was apprehended at the spot, has already been granted privilege of bail by a Bench of this Court vide order dated 24.11.2015 passed in Criminal Misc. No. 35974 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 239 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J) Bhardwaj/- U T