Singho Yadav @ Singheswar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4911 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- BELHAR District- Banka ====================================================== Singho Yadav @ Singheswar Yadav aged about 39 years Son of Sitaram Yadav Residence of Village-Badla, P.S-Belhar, District-Banka ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vibhakar Kumar, Advocate For the Opposite Party :

Mr.Bharat Bhushan (APP156) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 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 sections 386/387/506/34 of the Indian Penal Code.

As per the prosecution case, while the informant, being an engineer, was supervising the survey work in Channel No. 53 of Belhar main canal, two unknown motorcycle borne miscreants came there and snatched his mobile phone. They threatened the informant and demanded rangdari for completion of the work.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's name has figured during course of investigation in confessional statement of co-accused Dasrath Yadav. Test Identification Parade has not

Patna High Court CR. MISC. No.4911 of 2020(3) dt.21-10-2021 2/2 been carried out till date. Petitioner is in custody since 8.4.2019.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and materials available on the record, 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 the Chief Judicial Magistrate, Banka in Belhar Police Station Case No. 63 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 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T