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Patna High CourtCR. MISC./39328/2017bail granted

Pramod Yadav v. The State Of Bihar

2017-08-22Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39328 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -KHUTAUNA District- MADHUBANI ======================================================

1. Pramod Yadav, S/o Surat Yadav, Resident of village- Dhobiyahi, P.S.- Nirmali, Dist.- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Kumar Barti For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Khutauma P.S.Case No.2 of 2017 dated 2.1.2017 corresponding to G.R.No.16 of 2017, registered for offences punishable under Section 392 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that he has been made accused only on the basis of confession of the co-accused and nothing else is there as well as there is no recovery and he has not been put on T.I.P. and after arrest in this case, he has been remanded in four other cases also which are mentioned in the petition but he is accused in only one case. The

Patna High Court Cr.Misc. No.39328 of 2017 (2) dt.22-08-2017 2/3 petitioner is in custody for about 3 1⁄2 months. 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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, Madhubani in connection with Khutauna P.S.Case No.2 of 2017 dated 2.1.2017 corresponding to G.R.No.16 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) 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. (iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

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