Ajit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5446 of 2018 Arising Out of PS.Case No. -342 Year- 2017 Thana -MASRAKH District- SARAN ======================================================

1. Ajit Kumar Yadav S/o Krishna Yadav, R/o Village- Hathaura Bara Tola, P.S.- Hussainganj, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 27.11.2017 in connection with Mashrak P.S. Case No. 342/2017 registered for the offences punishable under Sections 413/414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that admittedly, two motorcycles were recovered from the possession of the petitioner on the basis of the confessional statement made before the police by the one Mithu Kumar. He further submits that the petitioner was unaware of such stolen motorcycles and since the said Mithu Kumar had been owing some money to the petitioner, he had kept the same as safekeeping till return of the said money. Learned counsel for the petitioner further submits that

Patna High Court Cr.Misc. No.5446 of 2018 (2) dt.02-02-2018 2/3 he has filed a supplementary affidavit bringing on record that after being arrested in connection with the present case, the petitioner has been remanded, in fact, in another case and the same was not within his knowledge.

Considering the entire facts and circumstances of the case and that the petitioner undertakes to co-operate in investigation, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 6th, Saran at Chapra in connection with Mashrak P.S. Case No. 342/2017, subject to the following conditions:-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State

Patna High Court Cr.Misc. No.5446 of 2018 (2) dt.02-02-2018 3/3 shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T