Patna High CourtCR. MISC./65159/2018bail granted

Rabindra Yadav v. The State Of Bihar

2018-10-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65159 of 2018 Arising Out of PS.Case No. -363 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rabindra Yadav Son of Sri Jagan Yadav Resident of Village- Nimuiya, P.S. Jogapatti (Nawalpur), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate.

For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Jogapatti (Nawalpur) P.S. Case No. 363 of 2017 instituted for the offence under Sections 363 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner has clean antecedent. He is in custody since 3.10.2017. He is not named in the written report. Counsel for the petitioner further submits that petitioner was arrested by the police merely on suspicion and thereafter, his confessional statement was recorded. The Sessions Judge has mentioned in the impugned order that on the basis of confessional statement of the petitioner, Mobile phone, Axe (Kulhari) and Motorcycle of the deceased

Patna High Court Cr.Misc. No.65159 of 2018 (2) dt.30-10-2018 2/2 have been recovered. From the impugned order it appears that there is no any direct allegation against the petitioner of committing murder of the deceased.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Jogapatti (Nawalpur) P.S. Case No. 363 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T