Dheeraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20410 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- BHARGAMA District- Araria ====================================================== Dheeraj Yadav S/o Late Bhola Yadav R/o Village- Laxmipur, P.S.- Bhargama, District- Araria.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh For the Opposite Party/s :
Mr. Anand Kishore Choudhary A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
14-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Bhargama P.S. Case No. 162 of 2020, G.R. No. 3515 of 2020, registered for the offence under Sections 392, 397, 411, 414 of the Indian Penal Code and Sections 25(1-B)a/25(1)/25(1-A)/26/35 of the Arms Act. As per the prosecution case, on 28.09.2020, after collecting money from different centres, while the informant riding on a motorcycle reached near village Bhargama Hingwa Basbitta, two unknown miscreants appeared and stopped him. In the meantime, two other unknown miscreants came from back side and on the point of pistol, snatched the hand-bag from the informant containing cash, POS machine and some papers and thereafter, they started fleeing away, but on chase, with the help
Patna High Court CR. MISC. No.20410 of 2021(2) dt.14-07-2021 2/3 of villagers, two of them were apprehended, who disclosed their name as Rajesh Kumar Yadav and Sanjeev Singh. They also disclosed the name of persons, who fled away i.e. Dheeraj Yadav (petitioner) and Manjit.
Petitioner is not named in the FIR. Name of the petitioner has come on the basis of confessional statement of coaccused. Till date, petitioner has not been put on TIP. Petitioner claims clean antecedent and he is in custody since 07.10.2020. Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Ranjan, learned Judicial Magistrate 1st Class, Araria/concerned court in connection with Bhargama P.S. Case No. 162 of 2020, G.R. No. 3515 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.20410 of 2021(2) dt.14-07-2021 3/3
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T