Tufani Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6237 of 2017 Arising Out of PS.Case No. -261 Year- 2016 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Tufani Yadav, Son of Ramakant Yadav, resident of Village:- Sonadih, P.S. Kargahar, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 The petitioner is apprehending his arrest in connection with Kargahar Town P.S. Case No. 261 of 2016, registered for offences punishable under Sections 457, 380 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that though there is allegation that petitioner committed theft in the house of the informant, but there is delay of six days in lodging the F.I.R. in the present case, which itself caste a serious doubt on the entire prosecution story. Petitioner happens to be the next door neighbor of the informant and the present case has been filed only to harass the petitioner, with whom the informant is at inimical terms.
Heard learned A.P.P. also
Patna High Court Cr.Misc. No.6237 of 2017 (2) dt.20-02-2017 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent, let petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sasaram (Rohtas) in connection with Kargahar P.S. Case No. 261 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.6237 of 2017 (2) dt.20-02-2017 3/3 prosecution is free to move for cancellation of his bail bonds.
It is also made clear that if the petitioner, in future, found involved in any of the like offence, his bail bonds will be cancelled.
(Vinod Kumar Sinha, J) sunil/- U