Digvijay Yadav @ Digvijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5459 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== DIGVIJAY YADAV @ DIGVIJAY KUMAR Son of Ramdeo Yadav R/vBanjara (Banjore), P.S.- Jhajha, District- Jamui, at Present R/o Bigrahpur, P.S.- Takkanpur, Dist- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Jakkanpur P.S. Case No. 424 of 2022, registered for the offences punishable under Sections 341, 323, 506, 376 of IPC.
At the very outset, the learned counsel for the petitioner has submitted that co-accused Vikash Jha committed rape upon the victim. The victim has not named the petitioner in the FIR or in her statement under section 164 of the Cr.P.C. The petitioner is languishing in custody since 25.09.2022 and he is a person of clean antecedent.
Considering the above-mentioned facts and
Patna High Court CR. MISC. No.5459 of 2023(2) dt.29-04-2023 2/2 circumstances clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. Case No. 424 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) SONALI/Sudha U T