Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1201 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- KAKO District- Jehanabad ====================================================== Jitendra Yadav Late Bhana Yadav Resident of Village Golkpur, P.S. Pali, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kako P.S. Case No. 128 of 2018 registered for the offence punishable under Section 394 of the Indian Penal Code.

Informant in his fardbeyan has stated that some miscreants had entered in his Gas Agency and on the point of pistol snatched Rs. 1,20,000/- and fled away. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case only on suspicion. Nothing has been recovered from the possession of petitioner. It has been further submitted that similarly placed co-accused, namely, Samundar Yadav has been

Patna High Court Cr.Misc. No.1201 of 2019(3) dt.18-01-2019 2/2 granted bail by a co-ordinate Bench of this Court vide order dated 29.11.2018 passed in Cr. Misc. No. 68077 of 2018. Petitioner is in custody since 26.07.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jehanabad, in connection with Kako P.S. Case No. 128 of 2018 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.

(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