Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27425 of 2017 Arising Out of PS.Case No. -124 Year- 2016 Thana -ANDHRATHARI District- MADHUBANI ====================================================== Rajendra Yadav, S/o Late Jay Lal Yadav, Resident of Village- Tharuahi, Police Station- Rudrapur, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Andhratharhi P.S. Case No.124 of 2016/G.R. No.1658 of 2016 registered under Sections 413 and 414 of the Indian Penal Code. The accusation is that in course of raid to recover the stolen motorcycle, one Manohar Kumar Jha was apprehended by the police and stolen motorcycle was recovered from his house. He also disclosed the name of the petitioner stating that he has kept the stolen Victa Jeep. Thereafter, the police raided the house of the petitioner but the petitioner was not present at the house and the stolen Victa Jeep was recovered from a shed, situated near the

Patna High Court Cr.Misc. No.27425 of 2017 (2) dt.12-07-2017 2/3 shop of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case showing the recovery of stolen Victa Jeep from the shed situated near the shop of the petitioner, while the petitioner was not present at the time of aforesaid recovery. Thereafter, the petitioner was remanded by the police in this case on 21.03.2017 and, thereafter, the petitioner was also remanded in Andhratharhi P.S. Case No.117 of 2016, in which the petitioner was not named. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Devesh Kumar, Judicial Magistrate, First Class, Jhanjharpur, District-Madhubani, in connection with Andhratharhi P.S. Case No.124 of 2016//G.R. No.1658 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case, during the course of the trial.

Patna High Court Cr.Misc. No.27425 of 2017 (2) dt.12-07-2017 3/3 fails to attend the trial court on two consecutive dates, during the course of the trial, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T