Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62994 of 2017 Arising Out of P.S.Case No. -36 Year- 2016 Thana -DHANGAI District- BHOJPUR ====================================================== Vinod Yadav, S/o Munna Yadav, R/o Village- Bimpatti, P.S. Bihiya, Dist.- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard.

The petitioner is in custody in connection with Dhangai P.S.Case No.36 of 2016 registered for an offence under Section 395 of the IPC.

It has been submitted that the petitioner is neither named in the FIR nor has been arrested by the police. He has been remanded in this case on the basis of confessional statement of other co-accused. The petitioner has not been put on test identification parade although he is in custody since 17.04.2017. The similarly situated co-accused has been allowed bail by a coordinate Bench of this Court in Cr.Misc.No.41666 of 2016. The learned APP opposed the submissions.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.62994 of 2017 (2) dt.15-01-2018 2/2 the payer for bail is allowed. Let the above named petitioner 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 CJM, Bhojpur, Ara in connection with Dhangai P.S.Case No.36 of 2016, subject to the 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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T