Pintu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.233 of 2019 Arising Out of PS. Case No.-7 Year-2017 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Pintu Yadav s/o Nagendra Yadav @ Nago Yadav @ Nagendar Yadav VillPatarghat, Lakshmipur, P.S-Sour Bazar (Patarghat), Distt.-Saharsa. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subesh Sharma For the Opposite Party/s :
Mr.Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.
Informant has stated that while he was moving on his motorcycle towards Sonbarsa along with his co-villager on 18.01.2018 at about 9:00 pm he was intercepted by unknown miscreants riding on two motorcycles who snatched away his mobile with Idea Sim and motorcycle and fled away. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.233 of 2019(3) dt.13-03-2019 2/3 he is innocent and has been falsely implicated in this case and nothing has been recovered from his possession and the accused who was apprehended during investigation has been granted bail by a co-ordinate bench of this Court vide order dated 17.01.2019 in Criminal Miscellaneous No. 2238 of 2019. Petitioner is in custody since 01.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Udakushunganj P.S. Case No. 07 of 2017, with following conditions:- (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 shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will
Patna High Court CR. MISC. No.233 of 2019(3) dt.13-03-2019 3/3 be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U