Aditya Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22756 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -MAIRWA District- SIWAN ====================================================== Aditya Kumar Yadav Son of Jeewan Yadav, Resident of Village- Imlauli, Police Station- Mairwa, District- Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 29.03.2017 in connection with Mairwa P.S. Case No. 76 of 2017 registered for the offence punishable under Sections 413 and 414/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on a secret tip-off that some motorcycles are parked at the verandah of the house of the petitioner, they raided the house of the petitioner and recovered two motorcycles and on asking, petitioner could not produce any paper of the motorcycles and
Patna High Court Cr.Misc. No.22756 of 2017 (3) dt.13-07-2017 2/3 named other co-accused with whom, he used to commit theft of the motorcycle. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Siwan in connection with Mairwa P.S. Case No. 76 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the
Patna High Court Cr.Misc. No.22756 of 2017 (3) dt.13-07-2017 3/3 concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J.) Arjun/- U T