Bablu Yadav @ Bablu Kumar @ Babloo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23910 of 2022 Arising Out of PS. Case No.-191 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Bablu Yadav @ Bablu Kumar @ Babloo Yadav, Son of Ashok Yadav @ Ashok Ray, R/O Village- Chaklal Shahi, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-08-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Lakshmindra Kumar Yadav, learned counsel for the petitioner and learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Teghra P.S. Case No. 191 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.
As per prosecution case, it is alleged that on 10.07.2020, while the informant was coming on his Bolero Pick-up Van, a car overtook his vehicle and three miscreants after snatching Rs.1900/- and mobile forced him to sit in the car and two of the miscreants fled away with the Bolero Pick-up Van and later on he was left free after 3-4 Km.
Patna High Court CR. MISC. No.23910 of 2022(2) dt.03-08-2022 2/3 It is submitted by the learned counsel appearing on behalf of the petitioner that the F.I.R. has been instituted against unknown persons. However, during the course of investigation one co-accused Sharwan Kumar @ Sarvan Kumar Singh was arrested and the name of the petitioner transpired on the confessional statement of said Sharwan Kumar. It is further submitted that co-accused Sharwan Kumar has already been granted bail by the learned co-ordinate Bench of this Court in Cr. Misc. No. 37313 of 2020 vide order dated 02.02.2021, as contained in Annexure-3 to this application. It is lastly submitted that the petitioner is in custody since 02.02.2022 having fair antecedent, but till date he has not been put on T.I.P. nor any incriminating material has been recovered. On the other hand, learned APP for the State opposes the bail application.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the name of the petitioner has transpired on the confessional statement of the co-accused, who has already been granted bail by the learned coordinate Bench of this Court and moreover, this petitioner is in custody since 02.02.2022 having fair antecedent, but till date he has not been put on T.I.P nor any incriminating
Patna High Court CR. MISC. No.23910 of 2022(2) dt.03-08-2022 3/3 material has been recovered form his person or possession, though the investigation of the crime is already completed and the charge-sheet has been submitted, let the petitioner, named above, be released on 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 Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 191 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) uday/- U T