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Patna High CourtCR. MISC./23843/2015bail granted

Guddu Yadav@Guddu Kumar v. The State Of Bihar

2015-06-26Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23843 of 2015 Arising Out of PS.Case No. -223 Year- 2014 Thana -SONBERSA District- SAHARSA ======================================================

1. Guddu Yadav@Guddu Kumar Son of Parmeshwari Yadav Resident of village - Maina, P.S. Sonbarsa Raj, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that the informant's motorcycle was robbed by three unknown persons. The FIR has been registered against unknown. Subsequently, stolen articles were recovered from Anmol Kumar who suggested the name of the petitioner in his confession.

It is submitted by the learned counsel for the petitioner that actual recovery was made from the place where robbery took place and except confession of the co

Patna High Court Cr.Misc. No.23843 of 2015 (2) dt.26-06-2015 2/3 accused, there is no material against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over, the informant has entered into compromise with co accused Anmol Kumar.

Considering the fact that except confession of the co accused, there is no material against the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Sonbarsa Raj (Kashnagar OP) P.S. Case No. 223 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioner will give liberty to prosecution to file application for cancellation of bail bond

Patna High Court Cr.Misc. No.23843 of 2015 (2) dt.26-06-2015 3/3 by learned court below.

(Dinesh Kumar Singh, J) Anil/- U T