Patna High CourtCR. MISC./74012/2019bail granted

Pawan Kumar @ Pawan Yadav @ Lalan Yadav v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74012 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== PAWAN KUMAR @ PAWAN YADAV @ LALAN YADAV S/o Balmiki Yadav R/o village- Naya Tola, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party :

Mr.Binod Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kiul Rail P. S. Case No 116 of 2019 instituted for the offence under Section 379 of the Indian Penal Code.

It is submitted by the petitioner's counsel that upon confessional statement of co-accused, Ravish Paswan @ Commando, he has falsely been implicated in the instant case and remanded on 21.08.2019, while he was in custody in connection with G.R.P. Patna P.S. Case No. 382 of 2019. He has not been put on Test Identification Parade. There is no recovery on the basis of the statement and petitioner is in custody since 21.08.2019.

The learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.74012 of 2019(2) dt.11-12-2019 2/2 Considering the aforesaid, 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 the Railway Judicial Magistrate, Kiul (Lakhisarai), in connection with Kiul Rail P. S. Case No 116 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fail to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T