Sintu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20319 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- MANSI District- Khagaria ====================================================== Sintu Yadav S/O Sochen Yadav Resident of Village- Sakra Paharpur, P.S.- Balbahat (Bakhtiarpur), District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Mansi P.S. Case No. 272 of 2022 dated 03.08.2022, instituted for the offence punishable under Sections 392 of the Indian Penal Code.
3. The prosecution case, in short, is that on 03.08.2022 at 07.25 A.M., when the informant was going to Khagaria from village Chukti, two miscreants on one motorcycle signaled him to stop and on the point of weapon, they snatched the informant's mobile with two sim card and purse, in which ten thousands rupees and driving licence was kept. They also thrown the key of the informant's motorcycle at some distance.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.20319 of 2023(2) dt.17-05-2023 2/3 case. Learned counsel for the petitioner submits that First Information Report has been lodged against the unknown persons. It is further submitted that nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that the name of the petitioner transpired only on the basis of confessional statement of co-accused, namely, Suman Kumar, who has been granted bail. Lastly, it has been submitted that the petitioner is in custody since 20.12.2022 having one criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon 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, Khagaria, in Mansi P.S. Case No. 272 of 2022, subject to the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.20319 of 2023(2) dt.17-05-2023 3/3 II. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
IV. 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.
(Khatim Reza, J) premchand/- U