Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17202 of 2016 Arising Out of PS.Case No. -349 Year- 2013 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Jitendra Yadav son of Birendra Yadav, Resident of Village- Manudhari, P.S.- Tiar, District- Bhojpur (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and the learned counsel for the State.

In this case the petitioner seeks bail in Jagdishpur P.S.Case No. 349/2013 instituted for the offences under section 392, 411, 307, 353 of the Indian Penal Code and section 25(1c)(a), 26, 27, 35 of the Arms Act. As per the First Information Report, one Nagendra Tiwary has got an information that his Pulsar motorcycle bearing registration No. BR 03L 4264 was snatched by three miscreants and after snatching the motorcycle all the persons have fled away. It appears that due the police pressure the motorcycle was left in the paddy field and they were continuously firing shots and in defence the police also fired in which one miscreant received pellet injury. Deepak Mishra was caught at the spot. He has

Patna High Court Cr.Misc. No.17202 of 2016 (2) dt.26-04-2016 disclosed his friends' name. One of the friends is the petitioner. The petitioner is in custody since 21.3.2015. Looking to the period of custody, let the petitioner, Jitendra Yadav, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Jagdishpur P.S.Case No. 349/2013, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner, (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. (Shivaji Pandey, J) Surendra/- U