Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27597 of 2022 Arising Out of PS. Case No.-261 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== BRAJESH YADAV S/o Bhuwal Yadav R/o village- Jorar, P.S.- Ramgarh, District- Kaimur at Bhabhua ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

The case is registered under sections 414, 465, and 468/34 of the Indian Penal Code in connection with Ramgarh P.S. Case No. 261 of 2019.

As per the allegation in the FIR, the police upon information that a white colour Scorpio parked is in suspicious condition in the house of Vinod Yadav went to the place and found the said car parked there. Upon enquiry, the father of the petitioner disclosed that the same has been purchased by the petitioner herein and being used by Vinod Yadav. When the registration certificate was demanded, a document was shown

Patna High Court CR. MISC. No.27597 of 2022(2) dt.24-08-2022 2/3 which was found to be forged. Accordingly, the FIR was instituted.

Learned counsel for the petitioner submits that at that particular time, he was in custody in connection with Zamania P.S. Case No. 230 of 2019 under sections 411 and 414 of the Indian Penal Code and as such he did not have any knowledge about the presence of the Scorpio outside his house. He has in no way connected with the said recovery/seizure. He further submits that only because he has criminal antecedent, the police has implicated in the said seizure for which is in custody since 09.02.2022 (as stated in para-9 of the bail application). Taking into account the period of custody, the charge-sheet stands submitted and at the time of recovery/seizure of the vehicle, he was in jail, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of like amount each to the satisfaction of ACJM-I, Kaimur at Bhabhua, in connection with Ramgarh P.S. Case No. 261 of 2019 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show

Patna High Court CR. MISC. No.27597 of 2022(2) dt.24-08-2022 3/3 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;

(iii) he shall appear before the concerned police station every month till conclusion of the trial to mark his presence;

(iv) 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) Ravi/- U T