Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29740 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== CHANDAN YADAV, Son of Late Narayan Yadav Resident of VillageKavilashi Vishwakarma Chowk, P.S. - Saur Bazar, District - Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-12-2021 Heard the parties through video conferencing. Heard Sri Ranjeet Kumar Singh, learned counsel for the petitioner and Ms. Asha Devi, learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 18.09.2020, seeks bail in connection with Beldaur P.S. Case No. 140 of 2020 (G.R. No. 1656 of 2020), registered under Sections 395 and 412 of the Indian Penal Code.

The prosecution case, in brief, is that the informant, who is driver of the trailer No. JH15H-8184, while he was crossing a bridge on 06.06.2020, in the morning, with loaded metal bars, 5-6 unknown miscreants stopped his vehicle and looted his mobile phone and cash of Rs. 4500/- and they also

Patna High Court CR. MISC. No.29740 of 2021(2) dt.17-12-2021 2/3 snatched the key of the vehicle and, thereafter, they tranquilized the informant and the informant found himself at Naukothi, Khagaria.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. and his name has surfaced in the confessional statement of co-accused and he is in custody since 18.09.2020. The petitioner has clean antecedent and prays to be released on bail.

Learned A.P.P. for the State has opposed the prayer for bail.

Having heard the rival submissions of the parties, perused the F.I.R. and the impugned order, it appears that name of the petitioner has surfaced on the basis of confessional statement of co-accused, nothing incriminating article has been recovered from the possession of the petitioner, the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 140 of 2020 (G.R. No. 1656 of 2020) subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.29740 of 2021(2) dt.17-12-2021 3/3 immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T