Bhavesh Yadav @ Bhavesh Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9344 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- KATORIYA District- Banka ====================================================== BHAVESH YADAV @ BHAVESH KR. YADAV, aged about 25 years, Male, Son of Nemani Prasad Yadav, Resident of Village - Sejwa,P.S.- Katoriya, Dist.- Banka ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 17.11.2018 in connection with Katoria P.S. Case No. 187 of 2018 for the offence alleged under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he owns a jewellery shop and after closing the shop he proceeded towards his home, along with jewellery and cash. On the way in an unregistered motorcycle the accused persons intercepted him and took away the bag containing cash and jewellery and his mobile. In the market, some persons revealed the name of the petitioner and co-accused, Jai Kant Yadav, to have committed the offence.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.9344 of 2019(2) dt.18-02-2019 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He, further, submits that nothing has been recovered from his conscious possession, no test identification parade has been done so far and his name was dropped by the local persons, who have not seen the occurrence. He, further, submits that charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case of similar nature is pending against the petitioner.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Katoria P.S. Case No.

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.9344 of 2019(2) dt.18-02-2019 3/3 nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T