Patna High CourtCR. MISC./30520/2022bail granted

Indal Yadav v. The State Of Bihar

2022-08-05Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30520 of 2022 Arising Out of PS. Case No.-486 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Indal Yadav Son Of Jhitku Yadav R/O- Vill- Diliya P.S.- Koilwar Dist.- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case has been registered under sections 395 of the Indian Penal Code in connection with Koilwar P.S. Case No. 486 of 2021.

As per the allegation in the FIR, it is alleged that the two motorcycle born accused persons followed the informant's motorcycle and thereafter on gun point snatched his motorcycle as also the mobile phone. The informant thereafter lodged the FIR against unknown accused and in course of the investigation, the role of the petitioner came into picture and accordingly, they have been apprehended and the petitioner is in

Patna High Court CR. MISC. No.30520 of 2022(2) dt.05-08-2022 2/3 custody since 10.12.2021 (as stated in para-9 of the bail application).

Learned counsel for the petitioner submits that although he has been named in the FIR and he is in custody since 10.12.2021 but till filing of the bail application, no TIP was done. He submits that he has already suffered a lot by being in jail for the last 8 months and ready to abide by all the terms and conditions imposed by this Court, if enlarged on bail. Considering the aforesaid facts that the petitioner has been arrested 10.12.2021 but no TIP has been done as submitted by the learned counsel for the petitioner and chargesheet stands submitted, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in connection with Koilwar P.S. Case No. 486 of 2021 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 his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.30520 of 2022(2) dt.05-08-2022 3/3 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 fortnight for next six months 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