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Patna High CourtCR. MISC./9320/2017bail granted

Rupesh Kumar Yadav v. The State Of Bihar

2017-04-26Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9320 of 2017 Arising Out of PS.Case No. -278 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Rupesh Kumar Yadav S/o Vijay Kumar Yadav Resident of Village Jivrakhan Tola, Darveshpur, P.S. Maner, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Verma For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 395 of the I.P.C Allegedly, after assaulting the informant cash of Rs.47,800/- and mobile etc. were snatched away by the accused persons and during investigation on the basis of the confessional statement of the petitioner he has been remanded in this case resulting he is in custody since 27.07.2016.

Submission is of false implication and that nothing has been recovered from possession of the petitioner, only on the basis of the confessional statement the petitioner has been remanded in this case, the petitioner has not been put on the test

Patna High Court Cr.Misc. No.9320 of 2017 (3) dt.26-04-2017 2/2 identification parade and as such he deserves sympathetic consideration.

The learned A.P.P. fairly submits that besides the confessional statement there is nothing against the petitioner as is evident from the impugned order.

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 C.J.M. Bhojpur (Arrah) in Koilwar P.S. Case No. 278 of 2015, 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