Yashvant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9845 of 2019 Arising Out of PS. Case No.-801 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== YASHVANT KUMAR SINGH Son of Sri Nand Kishore Singh Resident of Village- Semuapur, P.S.- Chanpatia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 19.11.2018 in connection with Bettiah Town P.S. Case No. 801 of 2018 for offences punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he had parked his motorcycle outside his house, which went missing.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report, and he was arrested in Majhaulia P.S. Case No. 398 of 2018 and remanded in the present case. He

Patna High Court Cr.Misc. No.9845 of 2019(2) dt.20-02-2019 2/3 submits that the motorcycle alleged to have been stolen has not been recovered from the possession of the petitioner. Petitioner undertakes to cooperate in the investigation, not to induce witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail stating therein that petitioner does not have a clean antecedent as one more case is pending against him. Considering the facts and circumstances and the nature of allegation, let petitioner, above named, 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 learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No. 801 of 2018, subject to the following conditions :

1.

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.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty

Patna High Court Cr.Misc. No.9845 of 2019(2) dt.20-02-2019 3/3 to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T