Mahendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24034 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24034 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -TEKARI District- GAYA ====================================================== Mahendra Yadav, Son of Late Hari Yadav, Resident of Daulatpur Ker Tola, P.S.- Konch, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pritish Kumar Lal, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.02.2018 in connection with Tekari P.S. Case No. 63 of 2018 for the alleged offences under Sections 384, 386, 387, 120(B)/34 of the Indian Penal Code and Section 17 of the C.L.A. Act.

3. It is submitted that the petitioner has been falsely implicated and the mobile numbers 9576732075 and 7371840125 from which demand for payment of money was made does not belong to the petitioner and he is in no way connected with the numbers. There is no report to corroborate the allegation that the petitioner was a member of Communist Party (Maoist) nor any seizure list was prepared in respect of the receipt said to have been recovered from the possession of the petitioner.

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

Patna High Court Cr.Misc. No.24034 of 2018 (2) dt.03-05-2018 satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya, in connection with Tekari P.S. Case No. 63 of 2018, 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 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.

(iv) 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.

(Vikash Jain, J) Md. Ibrarul/- U T