Jai Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24317 of 2020 Arising Out of PS. Case No.-288 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== JAI KISHOR YADAV Son of Bindeshwari Yadav Resident of Village - Ghibha, Dahariya, P.S.- Chhatapur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chhatapur P.S. Case No. 288 of 2019, registered for the offence punishable under Sections 341, 323, 420, 386, 413, 504, 506 and 120(B) of the Indian Penal Code.

The informant alleged that co-accused Sahwaz and Imtiyaz shown him an image of 10 gms gold biscuit on mobile and suggested that the cost of that gold biscuit is only Rs. 20,000/-. Thereafter co-accused Kunal demanded Rs. 3,00,000 for the same and the informant gave Rs. 3,00,000/- to him, but

Patna High Court CR. MISC. No.24317 of 2020(2) dt.24-09-2020 2/3 neither the gold biscuit was provided to him nor money was returned.

It is submitted on behalf of petitioner that specific allegation is against co-accused. The name of petitioner transpired in the confessional statement of co-accused. The articles which were recovered from possession of this petitioner are household articles and in this regard purchase receipt is annexed which is at Annexure-2. Similarly situated co-accused have been granted bail by this court. Charge-sheet has already been submitted. Petitioner is in custody since 13.11.2019 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Supaul in connection with Chhatapur P.S. Case No. 288 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.24317 of 2020(2) dt.24-09-2020 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T