Jhimi Yadv @ Jhimi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54681 of 2016 Arising Out of PS.Case No. -416 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Jhimi Yadav @ Jhimi Kumar Yadav, Son of late Prem Yadav, Resident of Village- Naya Tola Jurabganj, P.S.- Korha, District Katihar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.07.2016 in connection with Nawada Town P.S. Case No. 416/16 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case is that while the informant and his son after withdrawing Rs. 3,72,000/- from the Bank were coming on a motorcycle two miscreants tried to snatch away the money, which was retrieved by the informant and petitioner was apprehended.

It has been submitted by the learned counsel for the petitioner that he is innocent, has not committed any offence and

Patna High Court Cr.Misc. No.54681 of 2016 (2) dt.22-12-2016 2/2 charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It is submitted that there are four cases pending against the petitioner but in all the four cases First Information Report has been lodged against unknown and the petitioner has been remanded in the aforesaid cases because of the present case.

However, learned A.P.P. for the State submits that the petitioner does not have clean antecedent and is named in the First Information Report, hence, opposes the prayer for bail. Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 416/16, subject to the condition that if in future petitioner indulges in an offence of similar nature, his bail bonds would be deemed to be cancelled.

(Nilu Agrawal, J.) Rajesh/- U T