Rayees Yadav @ Raish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24079 of 2018 Arising Out of PS.Case No. -739 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Rayees Yadav @ Raish Yadav, Son of Mithilesh Yadav @ Mithilesh Singh, resident of Village- Motichouk Khagaul, P.S.- Khagaul, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP, who opposed the prayer for bail.

Petitioner is an accused in a case registered for offence under Sections 302 and 201/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that other than statement of one Ankur Kishore recorded under Section164 Cr.P.C., there is nothing against the petitioner inasmuch as the said statement is also hearsay statement inasmuch as the said Ankur Kishore, there is neither co-accused nor eye witness to the occurrence. The petitioner is in custody since 4.2.2018. He is accused in one other case in Jehanabad P.S. Case No.756 of 2017 all offences under Sections 399/402 I.P.C. and 25(1-B)a of the Arms Act in which he is on bail.

Patna High Court Cr.Misc. No.24079 of 2018 (3) dt.24-05-2018 2/2 The learned A.P.P. opposed the prayer for bail submitting that his statement led to recovery of rope from the vehicle.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Jehanabad P.S. Case No.739 of 2017 on the following conditions : - 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 and 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) N.H./- U T