Thakur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45974 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -BARHARA District- BHOJPUR ======================================================

1. Thakur Yadav, Son of Lal Babu Yadav, resident of Village- Saraiya, Police Station- Barahara (Krishnagarh), District Bhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 12.02.2018 in connection with Barahara (Krishnagarh) P.S. Case No. 267/2017 registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner that though he is not named in the First Information Report, but only on the basis of suspicion, the petitioner has been remanded in connection with the present case though he has had nothing to do with the alleged occurrence. It is further submitted that the petitioner is having some criminal antecedent and only for the said reason, his name has also been included in connection with the present case. Considering the vague nature of allegations and that the foundation of the prosecution against the petitioner itself is of

Patna High Court Cr.Misc. No.45974 of 2018 (2) dt.29-08-2018 2/2 suspicion, 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Barahara (Krishnagarh) P.S. Case No. 267/2017, subject to the following conditions:-

(1) Sister of the petitioner will be the bailor.

(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 shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T