Amar Yadav @ Badal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24716 of 2020 Arising Out of PS. Case No.-252 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== Amar Yadav @ Badal Yadav, Son of Rambilash Yadav, Resident of VillageSaraiya, P.S.- Chautham, District- Khagaria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Chautham P.S. Case No.252 of 2019, G.R. No.3174/2019, registered for the offence punishable under Section 379 of the Indian Penal Code.
Informant's motorcycle was found missing from the
Patna High Court CR. MISC. No.24716 of 2020(2) dt.24-09-2020 2/3 Mela.
Petitioner's counsel submits that one co-accused, who was apprehended in connection with Chautham P.S. Case No.274 of 2019, has stated the name of the petitioner in his confessional statement, leading to his implication. Except these two cases, the petitioner has no criminal antecedents. There is no recovery of incriminating articles from the petitioner. He was not put on T.I. Parade and is in custody since 28.04.2020.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on 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-III, Khagaria, in connection with Chautham P.S. Case No.252 of 2019, G.R. No.3174/2019, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will
Patna High Court CR. MISC. No.24716 of 2020(2) dt.24-09-2020 3/3 also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T