Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13759 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Rabindra Yadav, Son of Late Subak Lal Yadav, Resident of VillageKutubganj, P.S.- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-09-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No.200 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code. Subsequently, Sections 395 and 412 of the I.P.C. were added.

Informant has alleged that one person, who has been

Patna High Court CR. MISC. No.13759 of 2021(3) dt.09-09-2021 2/3 identified during the incident as Ravi Sah, along with three others have entered his house and taken away gold jewellery, and Rs.2,50,000/- at gunpoint.

Petitioner's counsel submits that on alleged input from one spy, petitioner has been taken into custody from his house and there is alleged recovery of Rs.6,440/-, which is in his bona fide possession. Neither jewellery nor the money has been put on T.I. Parade. Petitioner has no criminal antecedents and is in custody since 19.09.2020. As per allegation of the offence being committed by four persons, offence under Section 395 I.P.C. would not be made out at all.

Learned APP for the State has opposed the prayer for bail. He has submitted that there is recovery of Rs.6,440/- from the petitioner house.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

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 learned

Patna High Court CR. MISC. No.13759 of 2021(3) dt.09-09-2021 3/3 Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No.200 of 2020, 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 fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T