Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29140 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== MUNNA YADAV S/o Sri Suresh Yadav @ Suresh Prasad Resident of Village and P.O.- Belkhara, P.S.- Karpi (Sahar Telpa O.P.), District- Arwal. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Saurav For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Arwal P.S. Case No. 151 of 2022 registered for the offences punishable under Sections 379, 414 of the Indian Penal Code. As per prosecution case, there is accusation against the present petitioner that he was apprehended with stolen motorcycle. It is further alleged that petitioner disclosed that he had purchased the said motorcycle on paying consideration amount of Rs. 20,000/- but he could not produce any paper of said motorcycle.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29140 of 2022(2) dt.14-07-2022 2/3 petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Petitioner is in custody since 02.04.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering the evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 151 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive
Patna High Court CR. MISC. No.29140 of 2022(2) dt.14-07-2022 3/3 dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J) shahzad/- U T