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Patna High CourtCR. MISC./50091/2019bail granted

Ramu Yadav v. The State Of Bihar

2019-12-04Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50091 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== RAMU YADAV Son of Laldeo Yadav Resident of Village- Charodhry Garhpur, Police Station- Fatehpur, District Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends his arrest in connection with Giriyak P.S. case No. 125 of 2018, instituted for the offence under Section(s) 394 of the Indian Penal Code. It is submitted by the petitioner's counsel that only on the basis of confessional statement of co-accused, namely, Sintu Kumar the name of the petitioner has surfaced. It is further submitted that one of the co-accused persons of the instant case, namely, Sanjay Sao, has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 33259 of 2018. It is further submitted that there is no recovery from the petitioner's

Patna High Court CR. MISC. No.50091 of 2019(5) dt.04-12-2019 2/3 possession. Statement has been made in paragraph No.3 of the bail petition that the petitioner is not having any criminal antecedents.

Leaned APP for the State submits that petitioner's name sprang up in the confessional statement of co-accused. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Addl. Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Giriyak P.S. case No. 125 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.50091 of 2019(5) dt.04-12-2019 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T