Patna High CourtCR. MISC./41580/2017bail granted

Nitish Kumar Yadav @ Rakesh v. The State Of Bihar

2017-09-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41580 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Nitish Kumar Yadav @ Rakesh son of Bachkun Yadav Resident of Village - Thahar Basadhiya, Police Station - Rosera, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard the parties.

The petitioner seeks regular bail in Rosera P.S. Case No.54/17 for the offence under Sections 379 and 411 of the I.P.C. The petitioner is not named in the F.I.R. It appears that petitioner is accused in other case in which he has confessed of theft of motor cycle and the motor cycle was recovered from a petrol pump.

Submission of the learned counsel for the petitioner is that except confessional statement there is nothing against the petitioner and he is in custody since 29.03.2017 for more than five months and he is an accused in another case in which he has confessed his guilt on which he has been made accused in this case.

Patna High Court Cr.Misc. No.41580 of 2017 (2) dt.08-09-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Rosera, Samastipur, in Rosera P.S. Case No.54 of 2017 , G.R. No.246/17 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence.

(3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U