Patna High CourtCR. MISC./25455/2015bail granted

Gopi Kumar Yadav @ Gopi Kishan Yadav v. The State Of Bihar

2015-10-08Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25455 of 2015 Arising Out of PS.Case No. -264 Year- 2013 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gopi Kumar Yadav @ Gopi Kishan Yadav, son of Kolai Yadav resident of village- Ghosiya Mudila, P.s.- Ramnagar, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Gajendra Prasad Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 379 of the I.P.C It is submitted that the petitioner is not named in the FIR, he has not been put on T.I. parade, nothing has been recovered from his possession, the petitioner was arrested in Bagaha P.S. Case No. 12 of 2015 and his confessional statement was recorded by the police after adopting third degree method and on that basis he has been remanded in this case and in Bagaha P.S. Case No. 12 of 2015 he has been allowed bail by order dated 09.04.2015 vide Cr. Misc. No. 11974 of 2015 by coordinate Bench

Patna High Court Cr.Misc. No.25455 of 2015 (3) dt.08-10-2015 2/2 of this Court. During investigation not a single witness has come forward to say anything against the petitioner and he is suffering in custody since 19.02.2015.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Bagaha, West Champaran in Ramnagar P.S. Case No. 264 of 2013, subject to the conditions that one of the bailors must be a 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) Abhay/- U T