Lallu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 49515 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -BARHARA District- BHOJPUR ====================================================== Lallu Yadav S/o Radha Kishun Yadav, resident of Village- Sarayea, P.S.- Krishnagarh, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Rajani Ranjan Pd Singh, Advocate For the S t a t e : Dr Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 395 of Indian Penal Code.

First information report alleges attempt to snatch the tractor and further allegation is that a sum of Rs 150/- was looted. Submission on behalf of the petitioner is that the FIR is against unknown persons. Petitioner's name has come on the basis of confessional statement of co-accused leading to no recovery from the possession of the petitioner. It is further submitted that the petitioner is in custody since 02.07.2017 but has not been put on test identification parade. It is also submitted that similarly situated co-accused Chhotelal Ram @ Chhathilal Ram and Dilip

Patna High Court Cr.Misc. No.49515 of 2017 (2) dt.18-10-2017 2/2 Choudhary have already been granted bail by this Court by order dated 18.08.2017 passed in Cr Misc No 37190 of 2017. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Barhra Police Station Case No 19 of 2017 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 give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

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

(Madhuresh Prasad, J) M.E.H./- U T