Bambam Yadav @ Bambam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22198 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Bambam Yadav @ Bambam Kumar son of Chandra Kishore Yadav Resident of village - Belsara, P.S. - Raniganj, Dist - Araria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Uday Pratap Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Raniganj P.S. Case No. 71 of 2015 registered for the offence punishable under Section 414 of the Indian Penal Code. Allegedly, after seeing the police personnel, some boys fled away and from the dalan of Chandra Kishore Yadav, the father of the petitioner, two motorcycles were recovered for that no paper was produced by the family members and it is alleged that two motorcycles were being used by the petitioner and co-accused.

Submission is of false submission and that nothing was recovered from conscious possession of the petitioner, the

Patna High Court Cr.Misc. No.22198 of 2016 (2) dt.23-05-2016 2/2 petitioner was not caught at the spot, copy of the seizure list was not given to any of the family members, the house is not the exclusive property of the petitioner and without any legal and tangible material, the petitioner is suffering in custody since 01.03.2016 having clean antecedent. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence.

The learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria in connection with Raniganj P.S. Case No. 71 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable 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) Mishra/- U T