Deepak Yadav @ Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23484 of 2020 Arising Out of PS. Case No.-484 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Deepak Yadav @ Deepak Kumar, S/o Chandradeo Yadav @ Nanhka Babu, Resident of Village-Jamuniya, P.S.-Dobhi, District-Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-09-2020 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 Barachatti P.S. Case No.484 of 2019 registered for the offence punishable under Section 395 of the Indian Penal Code. The case of the prosecution is that five unknown accused persons riding on three motorcycles have looted
Patna High Court CR. MISC. No.23484 of 2020(2) dt.14-09-2020 2/3 Rs.80,000/-, mobile phone, laptop, finger print reader etc. as well as ATM card and other documents from the informant. Petitioner's counsel submits that the petitioner has not been named in the F.I.R. At the behest of one Munarika Yadav, who is inimical terms with the petitioner, he has been named in altogether five cases, including the present one. In two of said cases, he has already been granted bail by the court below. There is no recovery from him. Till date, he has not been put on T.I.Parade. He is in custody since 24.12.2019. 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 A.C.J.M., Sherghati, District-Gaya, in connection with Barachatti P.S. Case No.484 of 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.23484 of 2020(2) dt.14-09-2020 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