Kail Prajapati @ Akash Ji @ Satyanarayan Prajapati @ Hargovind Pandit @ Akash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9012 of 2016 Arising Out of PS.Case No. -20 Year- 2013 Thana -PAUTHU District- AURANGABAD ======================================================

1. Kail Prajapati @ Akash Ji @ Satyanarayan Prajapati @ Hargovind Pandit @ Akash S/o Inderdeo Prajapati, R/o Village - Ajan, P.S. - Goh, District - Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Pauthu P.S. Case No. 20 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 435 of the Indian Penal Code and Section 17 C.L.A. Act and Section 10 of Unlawful Activities (Prevention) Act.

It is submitted that only material against the petitioner is the confessional statement of co-accused Yogendra Bhuiyan and Yogendra Rajak and Yogendra Bhuiyan has already been allowed bail vide Cri. Misc. No. 11733 of 2014 by another co-ordinate Bench of this Court, the petitioner has been implicated in several

Patna High Court Cr.Misc. No.9012 of 2016 (2) dt.25-04-2016 2/2 cases only on the basis of either suspicion or on the basis of confessional statement. From the impugned order also it reveals that besides confession of co-accused, there is nothing against the petitioner.

The learned A.P.P. fairly submits that co-accused Yogendra Bhuiyan who has confessed, has already been allowed bail.

In the facts and circumstances stated above, the petitioner above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Daudnagar, Aurangabad in connection with Pauthu P.S. Case No. 20 of 2013 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T