Suresh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17984 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -ANDHRATHARI District- MADHUBANI ====================================================== Suresh Kumar Yadav S/o Late Sukhdev Yadav, R/o Village- Kasaha, P.S.- Madhepur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Jitendra Kumar Bharti, Ms Nitu Kumari No VII, Advocates For the S t a t e : Smt Asha Devi, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 364, 365/34 of Indian Penal Code.

Submission is of false implication of petitioner in the case. Learned counsel for the petitioner relies upon the statement of victim recorded under Section 164 of Criminal Procedure Code to submit that he has not stated the name of the petitioner anywhere. It is also submitted that one of the accused Sudhir Kumar Mishra @ Sudhir Mishra named in the statement of victim has been allowed bail by this Court in Cr Misc No 19489 of 2018. Petitioner is in custody since 15.01.2018 and he has got no

Patna High Court Cr.Misc. No.17984 of 2018 (3) dt.04-05-2018 2/2 criminal antecedent.

Considering the aforesaid submissions, petitioner's prayer for bail 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 Additional Chief Judicial Magistrate III, Jhanjharpur, Madhubani in Andhratharhi Police Station Case No 2 of 2018 dated 10.01.2018 corresponding to GR No 35 of 2018 subject to the following conditions:

(1) That 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T