Raushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5777 of 2018 Arising Out of PS.Case No. -206 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Raushan Kumar @ Roshan Kumar S/o Srideo Yadav, R/o Village- Bhelwa (Garhiya), P.S.- Madhepura, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udai Chand Prasad, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 02.08.2017 in connection with Madhepura P.S. Case No. 206 of 2017 for the offence registered under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits he is not named in the first information report but subsequently, his name has surfaced on the basis of his self confessional statement made before the police, which has no evidentiary value. It is further submitted till date no T.I. Parade has been conducted. There is no recovery from the possession of the petitioner. Considering the aforesaid facts and circumstances of the case and that the similarly situated co-accused namely, Amit Yadav @ Amit Kumar has been extended the privilege of regular

bail vide order dated 15.01.2018 passed in Cr. Misc. No. 2826 of 2018, 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 Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 206 of 2017 subject to the following conditions:-

(1) One of the bailors will be his own 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.

(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) Jagdish/- U T