Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2240 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== NITISH YADAV Son of Lalan Yadav @ Lalan Singh Resident of Village - Kolhuwa, P.S.- Adhaura, Distt - Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 376, 341, 379,34 of the Indian Penal Code.

Informant has alleged in her written complaint that while she was returning alongwith her husband, three miscreants sitting on one motorcycle took her forcibly and snatched away Rs. 10,000/- and golden top and Vikash Yadav misbehaved with her and on raising her alarm villagers assembled there and caught hold of petitioner and other accused whereas accused Lalu Yadav managed to escape. It has been submitted on behalf of petitioner that he has been falsely implicated in this case due to animosity and

Patna High Court CR. MISC. No.2240 of 2020(2) dt.16-01-2020 2/3 village rivalry. The allegations are false and concocted. The informant has not taken the name of petitioner in her statement recorded under Section 164 of Cr.P.C. Petitioner has no criminal antecedent and is in custody since 09.09.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Adhaura P.S. Case No. 43 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.2240 of 2020(2) dt.16-01-2020 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T