Vinod Kumar Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11758 of 2019 Arising Out of PS. Case No.-426 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== VINOD KUMAR YADAV @ VINOD YADAV Son of Rajpal Yadav Resident of Village - Goriyari (Kamlabari), P.S.- Jainagar, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jai Nagar P.S. Case No. 426 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

Informant has alleged in his written complaint that on 30.07.2018 at about 2:00 PM he had gone to Jaynagar Bajar Mall for marketing and had parked his motorcycle but when he returned he found that his motorcycle has been stolen. FIR is against unknown.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this

Patna High Court CR. MISC. No.11758 of 2019(2) dt.27-02-2019 2/3 case on the basis of confessional statement of co-accused. It has been further submitted that co-accused, namely, Deepak Yadav arrested by the police and he confessed before the police and alleged that petitioner was also involved in the alleged crime. Petitioner is in custody since 29.09.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani, in connection with Jai Nagar P.S. Case No. 426 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court CR. MISC. No.11758 of 2019(2) dt.27-02-2019 3/3 will be at liberty to move for cancellation of bail of the petitioner.

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