Arun Yadav @ Toll v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33146 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -RAHIKA District- MADHUBANI ======================================================

1. ARUN YADAV @ TOLL Son of Umesh Yadav, R/o Mohalla- Said Nagar, Abhauda Bakarganj, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Rahika P.S.Case No.47 of 2017 as well as G.R.No.795 of 2016, for the offences punishable under Section 394 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and his name transpired on confession of the co-accused.

Submission of the learned counsel for the petitioner is that except confession, nothing has been recovered from the possession of the petitioner and he has not been put on T.I.P. Though the petitioner is accused in three other cases but out of them two cases are in connection with recovery of this case and he is accused in one more case. It has also been submitted that the

Patna High Court Cr.Misc. No.33146 of 2017 (2) dt.21-07-2017 2/2 petitioner is in custody for about 4 1⁄2 months. Heard learned A.P.P. also.

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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1st, Madhubani in connection with Rahika P.S.Case No.47 of 2016 as well as G.R.No.795 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 reason, otherwise, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U