Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57563 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Ashok Yadav, Son of Kallar Yadav, R/o Village- Raghunathpur, P.S.- Bhargama, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 21.09.2017 in connection with Narpatganj P.S. Case No.83 of 2017 (G.R.No.639 of 2017) registered for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not one of the named accused and his name came in the confessional statement made before the police by one Sanjay Paswan, the petitioner has been languishing in custody. He further submits that such a confessional statement made before the police has no evidentiary value. It is also submitted that the petitioner has no criminal antecedents and

Patna High Court Cr.Misc. No.57563 of 2017 (3) dt.12-01-2018 2/3 only after being arrested in connection with the present case, he has been remanded in another case, being Bhargama P.S. Case No.204 of 2017.

Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No.83 of 2017 (G.R.No.639 of 2017), subject to the following conditions:

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court Cr.Misc. No.57563 of 2017 (3) dt.12-01-2018 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T