Binod Kumar @ Binod Yadav @ Niru Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 42054 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Binod Kumar @ Binod Yadav @ Niru Kumar Son of Prashuram Yadav Resident of Village- Lahauri, P.S.-Barachatti, District-Gaya

2. Rahul Das Son of -Sahendra Das Resident of Village-Balri P.S.- Hantarganj, District-Chatra (Jharkhand) .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

08-12-2016 Heard Sri Sanjeev Kumar, learned counsel for petitioners and Sri Nityanand, learned Addl. Public Prosecutor. Two petitioners, who are in custody in Sherghati P.S. Case No. 79 of 2016 registered for offence under Section 395 of the Indian Penal Code, have prayed for grant of bail. It was submitted by learned counsel for petitioners that only on the basis of confessional statement of one of the coaccused namely Mantu Yadav @ Satrughan Yadav, petitioners have been made accused in the present case. He submits that even Mantu Yadav @ Satrughan Yadav, on whose confession petitioners have been detained, has been granted bail by this Court, vide order dated 15-11-2016 passed in Cr.Misc. No. 38756 of 2016. He further submits that save and except confessional statement of co-accused, there is no other material to connect the

Patna High Court Cr.Misc. No.42054 of 2016 (5) dt.08-12-2016 2/2 petitioners.

Learned Addl. Public Prosecutor has opposed the prayer for bail and submits that it was case of dacoity on highway. However, keeping in view the fact that the accused, on whose confession petitioners have been remanded in present case, has already been granted bail and save & except confessional statement, there is no other material, there is no reason to further detain the petitioners.

Let the petitioners namely Binod Kumar @ Binod Yadav @ Niru Kumar and Rahul Das be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Sherghati P.S. Case No. 79 of 2016, with condition that one of the bailor must be blood relation of the petitioners and secondly, on each and every date during trial the petitioners shall remain physically present before the trial court. If continuously on two dates, petitioners remain absent, without prior permission of the trial court, their bail-bonds shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T