Ram Lakhan Prasad Yadav @ Makhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52457 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================

1. Ram Lakhan Prasad Yadav @ Makhan S/o Shri Ayodhya Prasad, R/o Vill.- Gwalpur Gowalbigha, P.S.- Hilsa, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 The petitioner is in custody since 20.12.2017 in connection with Didarganj P.S. Case No. 105 of 2017, registered for offences punishable under Sections 392, 395, 412 of the Indian Penal Code.

Allegation as per F.I.R. is of looting of the truck. Petitioner is not named in the F.I.R., later on his name transpired on confessional statement of co-accused. Further it appears that the petitioner is accused in 5 other cases.

Submission of learned counsel for the petitioner is that except confessional statement, there is absolutely nothing against the petitioner and he is in custody for more than ten months. Further submission is that after his arrest in the present case he has been remanded in 5 other cases and prior to that he has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.52457 of 2018 (3) dt.31-10-2018 2/2 Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV, Patna City, in connection with Didarganj P.S. Case No. 105 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T