Natwar Yadav @ Amrendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18842 of 2018 Arising Out of PS.Case No. -240 Year- 2017 Thana -LAHERI District- NALANDA (BIHARSHARIFF) ====================================================== Natwar Yadav @ Amrendra Yadav, S/o Ram Swaroop Yadav, R/o Village/Mohalla- Makanpur, P.S.- Noor Sarai, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 26.12.2017 in connection with Laheri P.S. Case No.240 of 2017 registered for the offence under Sections 395, 397 of the Indian Penal Code and Sections 27, 25(1-B)A, 26 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., but subsequently on the basis of the confessional statement made before the police, the petitioner has been roped into this case for no fault of his. It is further submitted that though at paragraph 75 of the case diary, several cases relating to the petitioner have been referred, till date the petitioner has no knowledge of such cases

Patna High Court Cr.Misc. No.18842 of 2018 (3) dt.27-04-2018 2/3 and it is only on the basis of accusation made in the present case, that the petitioner has been taken into custody. It is further submitted that neither has the petitioner been placed on T.I. Parade nor has any recovery been made from his possession.

In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No.240 of 2017, subject to the following conditions :

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court Cr.Misc. No.18842 of 2018 (3) dt.27-04-2018 3/3 (4)The petitioner shall co-operate 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. (Anjana Mishra, J) PNM U T