Nagendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76130 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Nagendra Yadav S/o Briksha Yadav @ Narayan Yadav Resident of VillageBhadwahi, P.S. Bhore, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harendra Prasad, Advocate For the Opposite Party/s :
Mr. Sri Tarun Prasad Mandal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Kateya P.S. Case No. 136 of 2018 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.
Allegation as per F.I.R. against petitioner is of demand of ransom from the informant and also of committing dacoity.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to rivalry with informant on contract tenders. Name of the petitioner has surfaced on the confessional statement of co-accused Arvind Mishra. Similarly
Patna High Court Cr.Misc. No.76130 of 2018(2) dt.19-12-2018 2/2 placed co-accused have been granted bail by another coordinated bench of this court in Cr. Misc. No. 51792 of 2018 and Cr. Misc. No. 68522 of 2018 vide order dated 20.09.2018 and 30.11.2018 respectively. Petitioner is in custody since 05.07.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Gopalganj, in connection with Kateya P.S. Case No. 136 o 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T