Rudal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36578 of 2018 Arising Out of PS.Case No. -423 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Rudal Yadav, Son of Vijay Kumar @ Vijay Yadav, resident of VillageKhalimchak, P.S. Karai Pursurai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 19.02.2018 in connection with Hilsa P.S. Case No. 423 of 2017 registered for the offences punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was remanded in connection with the present case on the basis of the confessional statement made before the police which has no evidentiary value and till date, no recovery has been made from the petitioner nor has he been placed for T.I. Parade. It is further submitted that similarly situated Birwa Yadav has since been extended the privilege of bail vide order dated 28.06.2018 passed in Cr. Misc. No. 28741 of 2018.

In view of the aforementioned facts and

Patna High Court Cr.Misc. No.36578 of 2018 (2) dt.13-07-2018 2/2 circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 423 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their 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 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 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T