Sarjan Yadav @ Kare Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26099 of 2020 Arising Out of PS. Case No.-352 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== Sarjan Yadav @ Kare Yadav S/o Fucho Yadav Resident of Village-Ghosasi, P.S-Chausa, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-10-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 399/420 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Co-accused was apprehended by the police on suspicion that he along with others were planning to commit dacoity. The arrested person disclosed the name of co-culprit including the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26099 of 2020(2) dt.12-10-2020 2/2 petitioner has no criminal antecedent. He is in custody since 02.03.2020. Investigation of the case is already complete. Besides confessional statement of co-accused before the police, while in police custody, there is no material against the petitioner.

Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Chausa P.S. Case No.352 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T