Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28443 of 2020 Arising Out of PS. Case No.-244 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== RAJA YADAV, aged about 25 years, Son of Shiv jee Yadav Resident of Village- Chakki, Mathura- Dera, P.S.- Brahmpur, District- Buxar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and section 27 of the Arms Act.

Informant alleges that on 6.5.2020 at 7 pm when he was going to his village three unknown miscreants surrounded him and snatched his purse, mobile phone and motorcycle. In course of scuffle, they fired at him causing injury in his stomach. During investigation, police recovered a suspected SIM.

Learned counsel for the petitioner submits that the aforesaid SIM is the subject matter of Sanaha No.158/2020 dated 9.5.2020 and the same is not related to the instant case and has been recovered from Smriti Devi, sister of the petitioner. No incriminating material has been recovered from the possession of the petitioner rather the motorcycle in question has been recovered from one Durgesh Singh. Petitioner has got no criminal antecedent and he is in custody since 30.5.2020.

Patna High Court CR. MISC. No.28443 of 2020(2) dt.11-11-2020 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Chief Judicial Magistrate, Buxar in Brahmpur Police Station Case No. 244/2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T