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Patna High CourtCR. MISC./29014/2019bail granted

Satyendra Yadav v. The State Of Bihar

2019-05-02Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29014 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- PATNA GRP CASE District- Patna ====================================================== SATYENDRA YADAV Son of Sri Ram Sakal Rai aged about 36 years, male, Resident of Gate No. 15, Near College of Commerce, Old Kankarbagh Road, P.S.- Patrakar Nagar, Distt - Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 384, 385, 504, 506 and 379 of the Indian Penal Code registered in connection with Rail P.S. Patna Junction (Rajendra Nagar) Case No. 190 of 2018, G.R. No. 244 of 2018.

3. It is submitted that the petitioner has been falsely implicated owing to village rivalry as the petitioner is a local leader and has contested election of the ward councilor several times. As a matter of fact, the dispute arise when the petitioner accompanied Monu Choudhary, Chandan Kumar and Sintu Kumar to recover the dues of Monu Choudhary, ex-staff of the

Patna High Court CR. MISC. No.29014 of 2019(2) dt.02-05-2019 2/3 informant's employer. It is submitted that even according to the F.I.R. there is nothing to suggest that the amount of Rs. 50,000/- per month demanded as rangdari has been delivered to the petitioner. The accusations of snatching Rs. 35,000/- from the locker and receipt of Rs 6,000/- is mere embellishment. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named 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 Railway Judicial Magistrate, Patna Junction, Patna in connection with Rail P.S. Patna Junction (Rajendra Nagar) Case No. 190 of 2018, G.R. No. 244 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.29014 of 2019(2) dt.02-05-2019 3/3 (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T