Patna High CourtCR. MISC./24549/2018bail granted

Kapil Yadav @ Kapil Kumar v. The State Of Bihar

2018-05-24Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24549 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Kapil Yadav @ Kapil Kumar S/o Late Kusheshwar Yadav, R/o Vill.- Bhatoriya, P.S.- Nathnagar (Madhu Sudanpur), District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Praveen Kumar, Advocate For the Opposite Party : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 302, 120B/34 IPC and under 27 of the Arms Act. Learned counsel for the petitioner submits that one Sagar Raj has been named on basis of suspicion and only on his confessional statement the petitioner has been implicated in this case. Said Sagar Raj has already been granted bail vide order dated 19.3.2018, passed in Cr Misc No.15571 of 2018. Petitioner has filed supplementary affidavit. In paragraph 3 of the supplementary affidavit, it has been stated that out of 17 cases detailed in paragraph 3 of the bail petition, other than 4 cases, he has been acquitted in rest of them. Even in these 4 petty cases, he is on bail. Petitioner is in custody in connection with this case

Patna High Court Cr.Misc. No.24549 of 2018 (3) dt.24-05-2018 2/2 since 4.1.2018.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge III, Bhagalpur in Industrial Area Police Station Case No. 131 of 2017 (Sessions Trial No. 151 of 2018) on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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