Gopal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21716 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== Gopal Yadav, S/o Late Nageshwar Yadav R/o village- Maura Ramnagar, Kabiyahi, Ward No. 07, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Triveniganj P.S. Case No. 173 of 2021 for the offences under Sections ACJM-1st, Supaul of the Indian Penal Code. The allegation in the FIR is that the informant being an employee of shoe shop, on the fateful day, as he was returning home after collecting the amount, it is alleged that two motorcycles overtook him and thereafter snatched the collected amount and fled away.
Learned counsel for the petitioner submits that his name came in the confessional statement of co-accused, Sanjiv Kumar and nothing has been recovered from his possession. He
Patna High Court CR. MISC. No.21716 of 2022(3) dt.08-08-2022 2/3 further submits he has been taken into judicial custody on 29.07.2021. He lastly submits that one of the co-accused namely Sandeep Kumar @ Mithul Yadav @ Mithul has since been released on bail by this Court vide Cr. Misc. No.15654 of 2022 on 01.08.2022.
Let the order be kept on record.
Taking into account the aforesaid fact that nothing has been recovered from his possession pursuant to the statement made by the police, he is in jail since 29.07.2021 (as stated in paragraph-11 of the bail application), charge sheet stands submitted and one of the co-accused namely Sandeep Kumar @ Mithul Yadav @ Mithul has since been granted bail, this Court is inclined to grant him the privilege of bail with certain conditions in view of the fact that he has criminal antecedent. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of ACJM-1st, Supaul in connection with Triveniganj P.S. Case No. 173 of 2021, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.21716 of 2022(3) dt.08-08-2022 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight till conclusion of the trial to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T