Suresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18251 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Suresh Yadav, Son of Late Latu Yadav @ Late Lattu Yadav, Resident of Village - Kachaudi, P.S. - Sherghatti, Distt. - Gaya (Bihar) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Sherghati P.S. Case No. 221 of 2022 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. He has no criminal antecedent. As per the prosecution story, on 08.03.2022 UPS and CPU of computer set have been stolen from the computer room of High School, Kachaudi. It is alleged that earlier also home theatre and monitor were stolen and this petitioner had promised to return the stolen articles within two days but he did not. Learned counsel for the petitioner submits that the petitioner was in possession of the key of the lock of the computer room and he used to guard the room during the night hours but in this case the theft has taken place in his absence.
Patna High Court CR. MISC. No.18251 of 2023(2) dt.05-06-2023 2/3 Learned counsel submits that without prejudice to his contentions the petitioner is ready to restore the computer set and the computer apparatus in the High School. Learned counsel for the State has though opposed the prayer for anticipatory bail of the petitioner but considering the facts and circumstances of the case, the nature of allegations and the condition of the petitioner, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Sherghati P.S. Case No. 221 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati (Gaya), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
And further condition that in terms of his submissions made before this Court, the petitioner shall without prejudice to his contentions in this case install one computer set with the necessary appliances in the school as per the direction of the Principal of the High School, Kachaudi within a period of three weeks from today and on production of the receipt and the affidavit showing installation of the computer set and the appliances attached to the same together with the bail bond within a period of six weeks from today, the court below shall accept the bail bond of the petitioner.
Patna High Court CR. MISC. No.18251 of 2023(2) dt.05-06-2023 3/3 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.
This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T