Munna Yadav @ Munna Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24027 of 2022 Arising Out of PS. Case No.-97 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Munna Yadav @ Munna Kumar Yadav S/o- Tulasi Singh @ Tulshi singh R/oNawadih, P.O.- Osai, P.S. - Sahpur, District -Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2022 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 through virtual mode.
The petitioner seeks regular bail in connection with Buxar Industrial Area P.S. Case No. 97 of 2021 lodged under Sections 457/380 of the Indian Penal Code.
As per the allegation made in the F.I.R. the informant, who is the Officer of Indian Army alleged that lock of his main gate is opened and from his house different articles were missing. F.I.R. has been lodged against unknown. Learned counsel for the petitioner submits that F.I.R. has been filed against unknown persons, nothing has been recovered from the possession of petitoiner, nor TIP has taken
2/4 place. He further submits that name of petitioner has figured in this case on the confessional statement of accused Ravi Shankar Gupta. He further submits that another accused person namely Mukesh Kumar has already been granted bail by the Coordinate Bench of this Court vide order dated 17.05.2022 passed in Cr. Misc. No. 15887 of 2022. He further submits that petitioner is in custody since 27.08.2021, chargesheet has already been filed in this case. He also submits that there are total 6 cases pending against him, in all cases he is on bail except one case. Learned counsel for the petitioner further submits that petitioner is ready to obey all the conditions which shall be imposed by the Court.
Learned counsel for the State opposes the prayer for bail and submits that there are in total 7 cases pending against the petitioner including the present one and out of 7 cases, 6 cases are relating to same P.S. i.e. Buxar Industrial P.S. Case No.89 of 2021, 90 of 2021, 118 of 2021, 249 of 2021, 254 of 2021 and 97 of 2021 (present one). Learned counsel for the State prayed that all cases which is of same P.S. may be directed to run before the same court and on same date. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be
3/4 granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar Industrial Area P.S. Case No. 97 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.
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.
In the light of the submissions made by the learned APP, the court below is directed to put the dates of all cases together for easy trial.
4/4 With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T