Chhedi Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42538 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Chhedi Lal Yadav son of Dhanik Lal Yadav Resident of Village - Bagewa, P.S. Andhara Math, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 15.04.2018 in connection with Madhepur P.S. Case No. 35 of 2018 registered for the offences punishable under Sections 395/397 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the petitioner is not named in the First Information Report, but on the basis of the confessional statement made before the police by some persons who have been arrested in connection with the present case, the name of the petitioner surfaced. Even in the said confessional statement, the only role which has been assigned to the petitioner is that criminals used to come and stay in his

Patna High Court Cr.Misc. No.42538 of 2018 (2) dt.30-07-2018 2/3 house and, therefore, the petitioner is facing prosecution. Considering the aforementioned facts and circumstances and that there being no specific role assigned to the present petitioner, save and except as described above and also because the petitioner has only one other case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial MagistrateII, Jhanjharpur, Madhubani, in connection with Madhepur P.S. Case No. 35 of 2018, subject to the following conditions:-

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

Patna High Court Cr.Misc. No.42538 of 2018 (2) dt.30-07-2018 3/3 and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T