Ram Pravesh Kr. Yadav @ Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38512 of 2021 Arising Out of PS. Case No.-500 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== Ram Pravesh Kr. Yadav @ Pravesh Yadav Son of Baldev Yadav Resident of Bibiganj, P.S.- Narpatganj, District - Araria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Narpatganj P.S. Case No. 500 of 2020 registered for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, the informant runs C.S.P. Centre of Bank of Baroda Branch Pithora Chowk and on alleged date and time the informant riding his motorcycle was coming to his C.S.P. Centre was stopped by four miscreants boarding in two motorcycles near J.B.C. Canal and thereafter all the four miscreants on the point of fire arms have snatched the

Patna High Court CR. MISC. No.38512 of 2021(4) dt.21-02-2022 2/3 motorcycle as well as bag of the informant containing one Laptop of Lenovo and cash of Rs.1,90,000/- and also snatched the informant Vivo Mobile phone and fled away. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and he is innocent and has committed no offence. He further submits that he has falsely been implicated in the present case only on the basis of confessional statement of co-accused. He further submits that one mobile phone has been recovered from the possession of the petitioner but till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 29.12.2020. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail but fairly submits that petitioner carries one criminal antecedent.

Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 500 of 2020, subject to the following conditions:-

Patna High Court CR. MISC. No.38512 of 2021(4) dt.21-02-2022 3/3

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 absence on two consecutive dates without sufficient reason, his 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T