Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13931 of 2019 Arising Out of PS. Case No.-65 Year-1997 Thana- THAKRAHA District- West Champaran ====================================================== Surendra Yadav, aged about 48, Sex, Male, Son of Late Sudama Yadav Resident of Village - Rupa Tola, Police Station, Thakaraha, District, West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 395 of the Indian Penal Code.

Informant has alleged that on 24.09.1997 at about 10.00 a.m. party of Mukhiya Yadav and Awadh Yadav variously armed entered into his house and committed dacoity. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to dirty village politics. It has further been submitted that no looted articles were recovered from the possession of the petitioner. It has further been submitted that there is no specific allegation against the petitioner. Similarly placed co-accused

Patna High Court CR. MISC. No.13931 of 2019(3) dt.12-03-2019 2/3 persons have already been granted bail by this Court as contained in Annexure 2 series. Petitioner has no criminal antecedent and he is in custody since, 10.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Thakaraha P.S. Case No. 65 of 1997 with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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

Patna High Court CR. MISC. No.13931 of 2019(3) dt.12-03-2019 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T