Deepak Yadav @ Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20560 of 2024 Arising Out of PS. Case No.-47 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Deepak Yadav @ Dilip Yadav Son Of Lakshmi Yadav Resident Of Village - Narpa, P.S. - Bithan, District - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the State :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2024 Heard Mr. Yogesh Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bakhari P.S. Case No. 47 of 2021 registered for the offence under Section 392 of the Indian Penal Code.

3. The petitioner along with other is said to have looted Rs. 18,600/- from the informant and fled away.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that initially the petitioner has not been named in the F.I.R. and the name of the petitioner transpired on the basis of the confessional statement of the co-accused person, namely, Keshav Ishwar @ Aditya Raj in another case i.e. Bakhari P.S. Case No. 120 of 2021. He

Patna High Court CR. MISC. No.20560 of 2024(3) dt.19-04-2024 2/3 further submits that except the confessional statement of the coaccused person, no other material has come during the investigation to suggest the involvement of the petitioner in the present case. He further submits that no TIP has been conducted by the prosecution. He further submits that other co-accused person, namely, Keshav Ishwar @ Aditya raj, who confessed his suit, has been enlarged on bail by this Court vide order dated 14.06.2022 passed in Cr. Misc. No. 8898 of 2022. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 21.06.2021.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner and submits that the petitioner carries six cases other than the present one.

6. Considering the facts and circumstances of the case and the period of custody, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No. 47 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.20560 of 2024(3) dt.19-04-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) ajay/- U T