Haresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77752 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Haresh Yadav Son of Nathuni Yadav @ Nathuni Chaudhari Resident of village- Sirisiya, P.S.- Nawtan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Mairwa P.S. Case No. 265 of 2018 registered for the offence punishable under Sections 461 and 379 of the Indian Penal Code.

Informant has alleged that valuables from his shop were stolen by unknown persons.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Manoj Yadav. Except the confessional statement there is no other incriminating material against the petitioner. No stolen article has been recovered from the possession of the petitioner and prior to institution of this case he has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.77752 of 2018(2) dt.03-01-2019 2/2 14.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Siwan in connection with Mairwa P.S. Case No. 265 of 2018 with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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) ranjan/manojU T