Patna High CourtCR. MISC./31816/2023bail granted

Bali Yadav @ Rambali Yadav v. The State Of Bihar

2023-06-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31816 of 2023 Arising Out of PS. Case No.-188 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Bali Yadav @ Rambali Yadav s/o of Late Sukhdev Yadav Resident of VillageKusumbha, Tola Baghaiya, PS. Sheikhpura (Kusumbha O.P.), DistrictSheikhpura) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

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

3. The petitioner seeks regular bail in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 188 of 2023 lodged under Section 379 of the I.P.C.

4. As per the prosecution case, the present case has been filed against six named persons against whom, the allegation of committing attempt to theft of motorcycle of the informant is there.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No. 31816 of 2023(2) dt.07-06-2023 2/3 that there is an inimical relation between the informant and the petitioner, as the informant's side have killed the father of the petitioner this year itself, as mentioned in paragraph 10. Counsel submits that the name of the petitioner has figured in this case only with a view to create pressure, so that petitioner may not adduce evidences in the case in which the informant parties are accused.

6. Learned counsel for the petitioner further submits that petitioner is in custody since 06.04.2023 having five criminal cases. In one case, the petitioner has been acquitted and in the rest four cases, he is on bail.

7. Learned counsel for the State opposes the prayer for bail.

8. 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 C.J.M., Sheikhpura in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 188 of 2023, 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

Patna High Court CR. MISC. No. 31816 of 2023(2) dt.07-06-2023 3/3 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 affidavit before the court about his relationship with the petitioner.

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

9. With this observation, the bail application stands allowed.

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