Fantoosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36068 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== Fantoosh Yadav Son of Maheshwari Yadav R/O Village- Domodih, P.S.- Fullidumar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Rajendra Prasad Yadav, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No. 113 of 2022 lodged under Sections 401, 379, 411 of the I.P.C.

As per the prosecution case, one accused Dilkush Yadav sold a motorcycle to Fantoosh Yadav and the said motorcycle was subjected to theft.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner's

Patna High Court CR. MISC. No.36068 of 2022(2) dt.20-09-2022 2/3 name has come by virtue of confessional statement of the coaccused Dilkush Yadadv, who has sold the stolen motorcycle to Fantoosh Yadav. Learned counsel further submits that the said Fantoosh Yadav has innocently purchased the said motorcycle and due to his innocent attitude, he is in custody since 05.05.2022 having clean antecedent. He further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail.

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 A.C.J.M., IV Banka in connection with Shambhuganj P.S. Case No. 113 of 2022, 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 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

Patna High Court CR. MISC. No.36068 of 2022(2) dt.20-09-2022 3/3 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.

With this observation, the bail application stands allowed.

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