Mitan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14281 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- KATORIYA District- Banka ====================================================== MITAN YADAV SON OF KAILASH YADAV R/O VILLAGE- BELA TIKAR, P.S.- BANKA, DISTRICT- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 15.01.2022, seeks regular bail in connection with Katoriya P.S. Case No. 243 of 2021 registered for offences punishable under Section 394 of the Indian Penal Code.

As per the allegation made in the FIR, some unknown miscreants snatched the motorcycle, Rs. 1500 and a mobile phone of the informant.

Learned counsel appearing on behalf of the petitioner submits that though the looted mobile phone has been recovered from the possession of the petitioner, the same was being used

Patna High Court CR. MISC. No.14281 of 2022(2) dt.15-06-2022 2/3 by his younger brother Deepan Yadav. Petitioner has no knowledge that the said mobile phone is a stolen one. Petitioner has remained in custody since 15.01.2022. Petitioner has clean antecedent and he prays that he may be released on any conditions imposed by this Court.

Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation made against the petitioner, charge-sheet has already been submitted and trial is not likely to be concluded in near future, without going into the merits of the case, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No. 243 of 2021 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.14281 of 2022(2) dt.15-06-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T