Sushil Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.31960 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31960 of 2017 Arising Out of PS.Case No. -192 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Sushil Yadav Son of Ganesh Yadav, Resident of Village- Firojpur, P.S.- Mahgama, District- Godda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.05.2017 in connection with Kahalgaon P.S. Case No. 192 of 2017/G.R. No. 1519 of 2017 for the alleged offences under Sections 353, 332, 379, 511/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even a perusal of the First Information Report discloses that no accusation has been made to attract the offences under Section 332 and 353 of the Indian Penal Code. The allegation of attempt to commit theft is denied and no recovery has been made from the conscious possession of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the

Patna High Court Cr.Misc. No.31960 of 2017 (2) dt.13-07-2017 facts and circumstances of the case. let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 192 of 2017/G.R. No. 1519 of 2017 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T