Bikram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27167 of 2021 Arising Out of PS. Case No.-284 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== BIKRAM YADAV Son of Jalo Yadav @ Jaleshwar Yadav @ Arun Yadav Resident of Village - Sotipul, P.S.- Bariyarpur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution case, two unknown miscreants riding on a motor cycle came and on the point of pistol looted cash and other articles of the informant.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner surfaced in the case during the course of investigation on the basis of confessional statement of co-accused Vivek @ Vikkii Kumar Yadav, who has already been granted bail by the court below. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Although it is stated in paragraph 3 of the bail petition that petitioner is accused in six other criminal cases but in all

Patna High Court CR. MISC. No.27167 of 2021(2) dt.06-08-2021 2/2 those cases he has been granted bail. Petitioner is in custody since 03.09.2020 and charge sheet has already been submitted. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate I, Bhagalpur in connection with Sultanganj PS case No. 284/2018 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled 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.

(Prabhat Kumar Singh, J) BKS/- U T