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Patna High CourtCR. MISC./850/2018bail granted

Md. Jiyaul @ Md. Jiyabul v. The State Of Bihar

2018-01-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 850 of 2018 Arising Out of PS.Case No. -298 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Md Jiyaul @ Md Jiyabul S/o Md Kamal, R/o Ward No.5, Dakahi Ghat, Nagar Parishad, Supaul, P.S.+District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Amrit Abhijat, Advocate For the S t a t e : Mr Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 457/380 of Indian Penal Code.

Counsel for the petitioner submits that the petitioner has been implicated in this case only on the basis of confessional statement of co-accused Chhotu Paswan. The petitioner's confessional statement has also been recorded by the police. However, the said statements have led to no recovery of any stolen articles. So far as the cases mentioned in paragraph 3 of the petition, it is submitted that in most of the cases, he has not even been remanded. In this case, the petitioner has not yet been put on test identification parade and he is in custody since 11.07.2017. Considering the aforesaid submissions, prayer for

Patna High Court Cr.Misc. No.850 of 2018 (2) dt.11-01-2018 2/2 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 II, Supaul in Supaul Police Station Case No 298 of 2017 subject to the following conditions: (i) 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.

(ii) 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