Subhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18048 of 2020 Arising Out of PS. Case No.-280 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== SUBHASH YADAV Son of Late Racmhandra Yadav Resident of VillageKataiya, Police Station-Lauriya, District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-09-2020 Heard learned counsel for the parties.
Learned counsel for the petitioner is permitted to make correction in the name of father of petitioner. Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.
Informant in his written complaint has alleged that he and his friend runs Customer Service Point, of SBI and when he and his friend on 10.12.2018 were returning after withdrawing Rs. 2,34,000/- and Rs. 2,24,000/- and reached near Inglisiya Chandraha Road in the meantime four miscreants boarded on two motorcycle stopped them and snatched the aforesaid amount on the strength of pistol. FIR is against unknown.
Patna High Court CR. MISC. No.18048 of 2020(3) dt.09-09-2020 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion only. Petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. Petitioner has not been put on TIP till date. Petitioner is in custody since 12.03.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chautarwa P.S. Case No. 280 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U