Chhotu Yadav @ Purushottam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1938 of 2015 Arising Out of PS.Case No. -110 Year- 2013 Thana -GOPALPUR District- BHAGALPUR ====================================================== Chhotu Yadav @ Purushottam Yadav son of Ram Ratti Yadav Resident of village - Latra, P.S. Gopalpur, District - Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

The informant along with the co-villagers was returning after attending a marriage ceremony and in the way they were intercepted by miscreants who after tying their hands and legs took away cash and the motorcycle. It was suspected that Chhotu group has committed the offence.

It is submitted on behalf of the petitioner that only suspicion has been made against the petitioner. During confessional statement of Mukesh Kumar Singh, the name of the petitioner has appeared and Mukesh Kumar Singh has been granted bail vide Annexure-2. It is further submitted that the petitioner has been arrested on suspicion and no T.I.P. has been held. After investigation chargesheet has already been submitted and

Patna High Court Cr.Misc. No.1938 of 2015 (3) dt.12-03-2015 2/2 there is no chance of tampering with the witnesses. Learned counsel for the State submits that during investigation the petitioner and two others, namely, Mukesh Kumar Singh and Rahul Kumar were seen loitering near the place of the occurrence. It is further submitted that the petitioner has also criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 learned Addl. District and Sessions Judge-II, Naugachiya, District-Bhagalpur in S.T. no. 782 of 2014 arising out of Gopalpur P. S. case no. 110 of 2013 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T