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Patna High CourtCR. MISC./17233/2017allowed

Nanki Yadav v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17233 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -BATH District- BHAGALPUR ======================================================

1. Nanki Yadav son of Nandan Yadav resident of village - Makanandpur, P.S. - Shahkund, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard the parties.

This application has been filed in connection with Bath P.S.Case No.25 of 2016 for the offence under Section 392 of the Indian Penal Code.

The F.I.R. has been lodged against the unknown and it appears that the name of the petitioner has transpired during the course of investigation.

It is submitted on behalf of the petitioner that except the confessional statement, there is nothing against the petitioner and there is no recovery and he has not been put on TIP rather he is in custody for about four months.

Heard learned A.P.P. also, who could not controvert the above facts.

Patna High Court Cr.Misc. No.17233 of 2017 (2) dt.13-04-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Bath P.S.Case No.25 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U