Lal Babu Yadav @ Gappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4369 of 2019 Arising Out of PS. Case No.-396 Year-2017 Thana- JAGDISHPUR District- Bhojpur ====================================================== LAL BABU YADAV @ GAPPU YADAV Suresh Yadav @ Langar Yadav Resident of Village- Saheb Tola, P.S.- Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Narayan Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jagdishpur P.S. Case No. 396 of 2017 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant has alleged looting away of Rs. 3,22,609/- from the possession of driver while he was putting down shutter of the office. FIR is against unknown.

It has been submitted on behalf of the petitioner that nothing has been recovered from his possession. His name has surfaced in this case on the basis of confessional statement made by co-accused Guddu Kumar and except said confessional statement there is no any other incriminating material against

Patna High Court Cr.Misc. No.4369 of 2019(2) dt.28-01-2019 2/2 the petitioner. Petitioner has been remanded in this case on 16.12.2018.

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 A.C.J.M. XI, Bhojpur, Ara, in connection with Jagdishpur P.S. Case No. 396 of 2017 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