Rajdeep Yadav @ Rajdeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5783 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Rajdeep Yadav @ Rajdeep Kumar, aged about 25 years (M), S/o Upendra Yadav, resident of Village-Tamot Parsa, P.S. Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Madhepura P.S. Case No. 238 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

Informant has alleged in his written complaint that on 10.04.2018 while he had come to his Sasural and parked his motorcycle at the door of his sasural and locked the same but after 10 minutes when he came out then he saw that the motorcycle was stolen.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to suspicion. Petitioner is not

Patna High Court Cr.Misc. No.5783 of 2019(2) dt.05-02-2019 2/2 named in F.I.R. Petitioner has been remanded in this case on 14.05.2018 without any cogent evidence. Nothing has been recovered either from the possession nor from the house of the petitioner.

Considering the aforesaid fact 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 C.J.M., Madhepura, in connection with Madhepura P.S. Case No. 238 of 2018, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/- U T