Rabindra Prasad @ Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79934 of 2019 Arising Out of PS. Case No.-239 Year-2017 Thana- DHANARUA District- Patna ====================================================== RABINDRA PRASAD @ RABINDRA YADAV Son of Mishri Yadav Village-Lachu Bigha, P.S-Dhanarua, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suryadeo Prasad Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Dhanarua P.S. Case No. 239/2017 registered under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the name of the petitioner has transpired in the confessional statement of the co-accused Kalindar Yadav. There is no identification of the petitioner. The said Kalindar Yadav has already been granted regular bail by learned coordinate Bench of this court in Cr. Misc. No. 57717/2017, however petitioner is in custody since 20.09.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.79934 of 2019(3) dt.16-12-2019 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that his name has transpired in the confessional statement of the co-accused Kalindar Yadav, there is no identification of the petitioner, no incriminating material has been recovered from his possession and that he is in custody since 20.09.2017. The said Kalindar Yadav has already been granted regular bail by learned coordinate Bench of this court in Cr. Misc. No. 57717/2017, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Masaurhi, District - Patna, in connection with Dhanarua P.S. Case No. 239/2017, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.79934 of 2019(3) dt.16-12-2019 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

Further condition that he would cooperate in course of trial and two consecutive failure to attend the trial court would lead cancellation of bail.

(Rajeev Ranjan Prasad, J) Rajeev/- U T