Patna High CourtCR. MISC./27311/2022bail granted

Shivjee Yadav v. The State Of Bihar

2022-08-31Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27311 of 2022 Arising Out of PS. Case No.-5 Year-2018 Thana- AGIAON BAZAR District- Bhojpur ====================================================== SHIVJEE YADAV S/o Bangali Yadav Resident of Village- Akhari Tola, P.S.- Agiaon Bazar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Kumar, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Agiaon Bazar P.S. Case No. 05 of 2018 for the offences under Section 395 of the Indian Penal Code.

As per the FIR, unknown miscreants entered into the house of the informant and looted various materials that included cash and jewellery totaling Rs. 1,15,000/-. Learned counsel for the petitioner submits that he has already suffered by being in custody since 31.10.2020 (as stated in paragraph-13 of the bail application), the other co-accused, namely, Kamlesh Singh, on whose confessional statement name

Patna High Court CR. MISC. No.27311 of 2022(2) dt.31-08-2022 2/3 of the petitioner has been come up, has since been granted the privilege of bail by a co-ordinate Bench of this Court vide order dated 08.05.2018 passed in Cr. Misc. No. 20774 of 2018. He lastly submits that the petitioner is ready to abide by all the terms and conditions imposed by this Court if granted bail. Considering the fact that the petitioner is in custody since 31.10.2020 and similarly placed co-accused has been released on bail, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge -VI, Bhojpur at Ara in connection with Agiaon Bazar P.S. Case No. 05 of 2018 (Sessions Trial No. 168 of 2021), subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

Patna High Court CR. MISC. No.27311 of 2022(2) dt.31-08-2022 3/3 (iii) he shall appear before the concerned police station every month till the conclusion of the trial to mark his presence;

(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T