Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33903 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== DINESH YADAV S/o Late Ramdhari Yadav R/o village- Pattar, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 No one appears on call.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Sections 452, 427, 380, 341, 323, 324, 504 and 506/34 of the IPC in connection with Saharghat P.S. Case No.10/2022.

As per the FIR, the accused accused persons barged into the house of the informant and on protest also injured them as also looted golden chain and cash. As they were leaving, one of them was identified as Kanhaiya Thakur while the other was identified as Dinesh Yadav. Accordingly, the FIR was instituted. As per the averment made in the FIR there is dispute between the co-accused Kanhaiya Thakur and the informant, they being co-sharer and that has resulted into the present

Patna High Court CR. MISC. No.33903 of 2022(2) dt.12-09-2022 2/3 lodging of the case.

Be that as it may, the petitioner is in custody since 26.04.2022 and has clean antecedent as also that charge-sheet stands submitted, this Court is inclined to grant him privilege of bail. However, if it is found that he do have criminal antecedent, this bail order shall become infructuous.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Saharghat P.S. Case No.10/2022 to the satisfaction of learned A.C.J.M., IInd, Benepatti, Madhubani, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.33903 of 2022(2) dt.12-09-2022 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T