Kakoo Yadav @ Kokwa Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29132 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== KAKOO YADAV @ KOKWA YADAV Son of Punil Yadav @ Pulkit Yadav Resident of Village- Kalhauta, P.S.- Gwalpara (Arar), District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Sudha Sinha, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 21.12.2020 seeks regular bail in connection with Murliganj P.S. Case No. 246 of 2020 dated 11.08.2020 registered for offence punishable under Section 392 of the Indian Penal Code.
Prosecution case in brief is that while wife and mother of the informant were returning from the house of their relative Sanjay Murmu at Shahpur Santhali Tola, three persons forcefully stopped the informant on the gun point and they looted the Splendor motorcycle with its key from the informant
Patna High Court CR. MISC. No.29132 of 2021(4) dt.17-01-2022 2/3 and the accused persons fled away towards Kohwara. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner is neither named in the F.I.R. and has been implicated in this case due to dirty village politics. Petitioner has not been put on T.I.P nor identified by the informant or his companian. He further submits that one coaccused Mukesh Kumar has already been released on bail vide order dated 12.03.2021 passed in Cr. Misc. No. 1186 of 2021 and the investigation of the case is already complete and as such the petitioner prays for bail.
Learned A.P.P., has opposed the prayer for bail to the petitioner. He further submits that petitioner has got two cases pending against him Considering the facts and circumstances of the case and taking into consideration the period of custody, the petitioner above named is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Murliganj P.S. Case No. 246 of 2020 subject to the following conditions:
Patna High Court CR. MISC. No.29132 of 2021(4) dt.17-01-2022 3/3 (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T