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Patna High CourtCR. MISC./10019/2017bail granted

Rambabu Yadav v. The State Of Bihar

2017-03-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10019 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Rambabu Yadav S/o Shiv Mangal Yadav Resident of Village- Bhaisahi, P.S. Manjhagarh, District Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barauli P.S. Case No. 103 of 2016 instituted for the offence under sections 392 of the Indian Penal Code.

It has been submitted that name of this petitioner has surfaced during investigation in the confessional statement of coaccused Aditya Tiwary. It has further been submitted that there is no recovery from his possession.

It is alleged in the written report that four unknown persons snatched the mobile and cash of the informant. The Sessions judge has mentioned in the impugned order that name of this petitioner has surfaced in para 36 of the

Patna High Court Cr.Misc. No.10019 of 2017 (2) dt.08-03-2017 2/2 case diary on the basis of confessional statement of co-accused Aditya Tiwary. Besides this, from the written report as well as impugned order, it appears that there is no any allegation of specific overt act against this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Barauli P.S. Case No.103 of 2016, 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 learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438(2) Cr.P.C (Sanjay Priya, J) Ravi/- U T