Akash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7152 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Akash Yadav Son of Late Madan Yadav Resident of Village - Naya Tola, Jurabganj, P.S.- Kodha, Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Hajipur Industrial P.S. Case No. 153 of 2019, registered for the offences punishable under Sections 356, 379 of the Indian Penal Code. As per prosecution case, on 07.09.2019, after withdrawing Rs. 5,00,000/- from Vijaya Bank while the informant was going to his factory on a motorcycle along with his staff Niraj Kumar, on the way, two motorcycle borne miscreants arrived and snatched away the money kept on the motorcycle.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. No incriminating article

Patna High Court CR. MISC. No.7152 of 2020(3) dt.29-05-2020 2/2 has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner has been remanded in this case from Hajipur Sadar P.S. Case No. 602 of 2019. Petitioner is in custody since 20.11.2019. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Industrial Area P.S. Case No. 153 of 2019 subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T