Laloo Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11651 of 2019 Arising Out of PS. Case No.-699 Year-2018 Thana- ARARIA District- Araria ====================================================== LALOO KUMAR YADAV, Son of Parmeshwar Prasad Yadav Resident of Village- Mahalgaon, Police Station- Mahalgaon, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 379 of the Indian Penal Code and later on Section 411 of the IPC was added. Informant has lodged a written complaint that he had come with his motorcycle in the bank and had parked it and after finishing his work when he returned back, he found his motorcycle to be stolen by some unknown thieves. FIR is against unknown. It has been further alleged that said stolen motorcycle was recovered from the possession of petitioner. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.11651 of 2019(2) dt.05-04-2019 2/3 he is innocent and has been falsely implicated in this case only on the basis of suspicion. The stolen motorcycle was not recovered from his possession as is apparent from the seizure list. Petitioner has got no criminal antecedent and is in custody since 04.11.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Araria P.S. Case No. 699 of 2018, with following condition:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.11651 of 2019(2) dt.05-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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