Kishor Kumar Yadav @ Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34920 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Kishor Kumar Yadav @ Kishor Kumar S/O Hari Yadav R/O Village-Latauna Ward No. 006, P.S. Triveniganj Distt. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2023 Heard the parties.

The petitioner is in custody in connection with Triveniganj P.S. Case No. 375 of 2022 for the offence under Sections 356 and 379 of the Indian Penal Code lodged on 05.08.2022 by the informant, Nathan Kumar.

The prosecution case, in brief, is that on 05.08.2022, the informant was coming from Sakhua on motorcycle when some unknown person snatched his bag containing Rs. 16,014/- and fled away. Accordingly, the F.I.R.

It has been contended by the learned counsel for the petitioner that only because he has criminal antecedent, he has been implicated in every other case, was taken into custody in connection with Kishanpur P.S. Case No. 219 of 2022 and after being enlarged on bail was remanded in the present case and is

Patna High Court CR. MISC. No.34920 of 2023(2) dt.12-07-2023 2/3 thus in custody since 18.08.2022 (as per the learned Sessions Judge order).

Mr. Bharat Bhushan, learned APP opposes the prayer. Taking into account the period of custody as also the fact that he has not been put on T.I. parade, this Court is inclined to extend him the privilege of bail with conditions. Let the 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 A.C.J.M,-I, Supaul, in connection with Triveniganj P.S. Case No. 375 of 2022 subject to the 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 reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.34920 of 2023(2) dt.12-07-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the application is allowed.

(Rajiv Roy, J) Kiran/Neha/- U T