Vakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24438 of 2018 Arising Out of PS.Case No. -32 Year- 2000 Thana -SIGORI District- PATNA ====================================================== Vakil Yadav Son of Naujadik Yadav, Resident of Village-Hadi Nagar, Police Station-Sigori, District-Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Parashuram Singh, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.3.2018 in connection with Sigori P.S. Case No.32 of 2000 for the offences alleged under Sections 399/402 of the Indian Penal Code and Sections 25(1-B)/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and except the extra judicial confessional statement of co-accused, there is no other material to connect the petitioner with the alleged occurrence. After investigation, the police has submitted supplementary charge sheet in which the petitioner along with co-accused Balanand Yadav has been exonerated. The said co-accused Balanand Yadav has been granted bail in A.B.P. No.19 of 2018 by the learned A.S.J. 7th, Danapur (Annexure-3). Petitioner claims clean antecedent.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.24438 of 2018 (2) dt.01-05-2018 2/2 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned Addl. Sessions Judge II, Danapur, Patna, in connection with Sigori P.S. case No.32 of 2000, on the following conditions :

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T