Rajeev Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12285 of 2021 Arising Out of PS. Case No.-277 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RAJEEV KUMAR YADAV S/O LAL BABU RAI WARD NO. 10 KAILA JALALPUR (SALEMPUR DUMRIYA), P.S.-GORAO, O.P.-KATHARA, DISTRICT-VAISHALI.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajeev Ranjan Sinha, Advocate For the Opposite Party :

Mr. Lakshmi Kant Sharma A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants riding on a motorcycle came to the petrol pump and snatched about Rs.60,000/- and a mobile phone from two employees of the Petrol pump.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12285 of 2021(2) dt.29-06-2021 2/3 petitioner has been named in the case on the confessional statement of co-accused Badri Vishal Singh. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. He is in custody since 31.8.2019. Considering the rival submissions of the parties, materials available on the record and the fact that No incriminating material has been recovered from the conscious possession of the petitioner and he is in custody for nearly two years, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist class, Vaishali at Hajipur in Mahua Police Station Case No. 277 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.12285 of 2021(2) dt.29-06-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T