Jeet Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22148 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -PATNA GRP CASE District- PATNA ======================================================
1. Jeet Narayan Yadav S/o- Shiv Munni Yadav, R/v- Chotaka Khaira, P.S.- Kochash, Distt.- Sasaram (Rohtas) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Renuka Ratna Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 379, 411 and 34 of the I.P.C Allegedly, cash of Rs. 20,000/-, voter identity card, ATM card and the driving license of the informant was taken away after opening the bag in a running train and thereafter the informant raised alarm and with the help of the passengers the petitioner and co-accused Raju Kumar were apprehended and after search from possession of the petitioner amount of Rs. 7,500/-, whereas, from possession of co-accused Raju Kumar amount of Rs. 12,500/- and the voter identity card of the informant were recovered and they stated that they threw the ATM card and the
Patna High Court Cr.Misc. No.22148 of 2016 (3) dt.05-07-2016 2/3 driving license.
Submission is of false implication and that nothing was recovered from the conscious possession of the petitioner, he was caught on mere suspicion and after that making implantation by the police implicated the petitioner and co-accused in this case, the seized cash was handed over to the informant and without any fault the petitioner is suffering in custody since 29.01.2016, whereas, co-accused Raju Kumar has already been allowed bail vide Cr. Misc. No. 21972 of 2016 by order dated 20.05.2016, bail copy of which has been filed by the learned counsel for the petitioner.
The learned A.P.P. submits that the theft amount of Rs. 7,500/- was recovered from possession of the petitioner. In the facts and circumstances as stated above, considering that the co-accused has been allowed bail and the petitioner has got no criminal antecedent and as such he is directed to be released 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 Railway Judicial Magistrate, Patna Junction, Patna in G.R.P. Patna Junction P.S. Case No. 15 of 2016/ G.R. No. 32 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable
Patna High Court Cr.Misc. No.22148 of 2016 (3) dt.05-07-2016 3/3 property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T