Mrityunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30977 of 2022 Arising Out of PS. Case No.-358 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== Mrityunjay Yadav Son of Shyam Sundar Yadav Resident of Village - Chandi Asthan , Gajipaitta, P.s.- Sonbarsa Raj, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar, No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madhepura P.S. Case No. 358 of 2017 lodged under Sections 392 of the I.P.C.

As per the prosecution case, the allegation of robbery is there in the F.I.R. against two unknown accused persons that they have come and looted the informant riding on Red Pulsar motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel also submits that nothing was recovered from the

Patna High Court CR. MISC. No.30977 of 2022(2) dt.05-12-2022 2/3 possession of the petitioner nor he was apprehended from the place of occurrence. The informant has claimed to identify them but the present petitioner was not put on T.I.P. Learned A.P.P. for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 358 of 2017, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.30977 of 2022(2) dt.05-12-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T