Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16559 of 2017 Arising Out of PS.Case No. -109 Year- 2015 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Rajesh Yadav Son of Late Raj Kishore Yadav Resident of Village - Karnaul Chandi, P.S. Charpokhari, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.10.2016 in connection with Bikramganj P.S. Case No. 109 of 2015 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was sitting in his Hero Honda showroom three miscreants came and on gun point snatched Rs. 1,13,000/-. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and on his extra judicial confessional statement before the police which has no evidentiary value in the eye of law, he has been made accused.

Patna High Court Cr.Misc. No.16559 of 2017 (8) dt.29-08-2017 2/3 He submits that no T.I. Parade has been done so far and he has been remanded in the present case and made accused in other cases on his own confessional statement. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a veteran criminal involved in similar offences and as many as eight cases are pending against him most of them of similar nature and some for serious offences.

Considering the facts and circumstances and the materials on record as well as period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 109 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required

Patna High Court Cr.Misc. No.16559 of 2017 (8) dt.29-08-2017 3/3 and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T