Sunil Yadav @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22880 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- EKANGARSARAI District- Nalanda ====================================================== Sunil Yadav @ Chhotu Son of Raja Babu Resident of village - Mufatiganj, Police Station- Ekangarsarai, District - Nalanda. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ekangar Sarai P.S. Case No. 332 of 2021 lodged under Sections 379, 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of the disclosure of name by co-accused Chandan Kumar of this case. The petitioner was not apprehended on the spot, he was subsequently after getting information that his name has figured in this case and he surrendered. He further submits that he is in custody since 01.01.2022 and having no criminal antecedent and

Patna High Court CR. MISC. No.22880 of 2022(2) dt.27-07-2022 2/3 charge sheet has already been filed in this case. Nothing incriminating recovered nor T.I.P. took place. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above that nothing has been recovered from the petitioner and no T.I.P takes place, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Ekangar Sarai P.S. Case No. 332 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.22880 of 2022(2) dt.27-07-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) guddu/- U