Arun Yadav @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17228 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- KONCH District- Gaya ====================================================== Arun Yadav @ Arun Kumar Son of Akhilesh Yadav Resident of Vill.-Bathani Tola, Kesharu Bigha, P.S.-Konch, Distt.-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Konch P.S. Case No.26 of 2024, lodged on 12.01.2024, under Sections 457/380 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against the petitioner against whom there is an allegation of theft by making house trespass.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 13.01.2024 having no criminal antecedent. Counsel submits that for the same date and place of occurrence there are two cases one Konch P.S. Case No.25 of 2024 lodged by the petitioner side and another Konch P.S. Case
Patna High Court CR. MISC. No.17228 of 2024(2) dt.14-03-2024 2/3 No.26 of 2024 lodged by the informant side about which narration has been made in paragraph 8 of the bail application.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection with Konch P.S. Case No.26 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;
Patna High Court CR. MISC. No.17228 of 2024(2) dt.14-03-2024 3/3 (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T