Pawan Kumar @ Rupan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65323 of 2019 Arising Out of PS. Case No.-115 Year-2018 Thana- CHANDAN District- Banka ====================================================== Pawan Kumar @ Rupan Yadav, aged about 19 years, son of Sahdev Yadav, resident of village- Nayadih (Dingiwari), P.S.- Chandan (Anandpur), DistrictBanka ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody since 13.09.2018, seeks bail in Chandan(Anandpur) P.S.Case No.115 of 2018 registered for offence punishable under Section 392 of the Indian Penal Code.

Petitioner had earlier moved this Court for regular bail vide Cr.Misc.No.77934 of 2018, which was rejected on 24.01.2019. However, it was observed that petitioner may renew his prayer for bail after one year of custody. It has been submitted on behalf of the petitioner that the petitioner is not named in the First Information Report and he has been falsely implicated in this case on the basis of his

Patna High Court CR. MISC. No.65323 of 2019(2) dt.06-11-2019 2/2 confessional statement.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above 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 Smt.Sapna Rani, learned Judicial Magistrate, 1st Class, Banka in connection with Chandan(Anandpur) P.S. Case No.115 of 2018 subject to following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(ii) petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and on his absence on two consecutive dates without proper and sufficient reason, the trial court will be at liberty to cancel his bail bond.

(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that event the prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J.) nawalkrs/- U T