Guddu Kumar @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23791 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- AGIAON District- Bhojpur ====================================================== Guddu Kumar @ Guddu Yadav S/O Baijnath Singh R/O Village- Sudhani, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 18-01-2022 The applicant/accused in Crime No. 9 of 2020 registered with Agaion(G) Police Station for the offence punishable under Section 394 of the Indian Penal Code, by this application is seeking his release on bail during pendency of the trial.
Heard the learned counsel appearing for the applicant/accused. He argued that applicant is behind bar from 06.05.2020 and there was no Test Identification Parde. Nothing was recovered from the possession of the applicant. The learned Additional Public Prosecutor opposed the application by submitting that it is a case of road robbery. I have considered the submissions so advanced and also perused the materials placed before me.
The first information report was lodged by
Patna High Court CR. MISC. No.23791 of 2021(5) dt.18-01-2022 2/3 Rajnikant Choudhary alleging that he was intercepted by three bikers and they had looted an amount of rupees twenty seven thousand apart from the cellphone from him.
The investigation of the crime in question is over. Nothing is stated to be recovered from the applicant nor he was subjected to Test Identification Parade. Hence, further pretrial detention is not warranted. Therefore, the order :- i. The application is allowed.
ii. The applicant/accused in Crime No. 9 of 2020 registered with Agaion(G) Police Station be released on bail on executing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.
Patna High Court CR. MISC. No.23791 of 2021(5) dt.18-01-2022 3/3 (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.
(A. M. Badar, J) Mkr./- U T