Ram Lakhan Prasad Yadav @ Ram Lakhan Prasad @ Makhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48744 of 2019 Arising Out of PS. Case No.-125 Year-2017 Thana- EKANGARSARAI District- Nalanda ====================================================== RAM LAKHAN PRASAD YADAV @ RAM LAKHAN PRASAD @ MAKHAN Son of Shri Ayodhya Prasad Resident of Village - Gwalpur Gwalbigha, P.S.- Hilsa, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 28.02.2019 in connection with Ekangar Sarai P.S. Case No. 125/2017 registered for the offense punishable under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR, but subsequently, on the basis of the confessional statement made before the police by one co-accused, namely, Awadhesh Kumar @ Saurabh, the name of the petitioner has been drawn in connection with the present case and till date, there has been no recovery from his possession and he has not been placed on T.I. Parade. Learned

Patna High Court CR. MISC. No.48744 of 2019(4) dt.10-12-2019 2/3 counsel for the petitioner submits that one other co-accused has since been extended the privilege of bail in Cr. Misc. No. 35862 of 2019 vide order dated 27.09.2019.

Considering the aforementioned facts and 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 learned A.C.J.M. (Hilsa), Nalanda, in connection with Ekangar Sarai P.S. Case No. 125/2017, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(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

Patna High Court CR. MISC. No.48744 of 2019(4) dt.10-12-2019 3/3 State shall be at liberty to move for cancellation of bail (Anjana Mishra, J) Saif/- U T