Hare Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45167 of 2021 Arising Out of PS. Case No.-428 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Hare Ram Yadav Son of Ramchandra Yadav Resident of Village- Mishrauli tola Mustoli, P.S.- Mirganj, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 20.3.2021 seeks regular bail in connection with Barauni P.S. Case No. 428 of 2019 registered for the offence punishable under sections 353, 414, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case in brief is that one stolen Hywa vehicle was taken away by three accused persons and name of the petitioner has come in the present case on the basis of confessional statement of one co-accused Satyendra Kumar.

Patna High Court CR. MISC. No.45167 of 2021(2) dt.11-01-2022 2/3 Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and he is in custody since 20.3.2021. Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Considering the rival submissions of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Begusarai, in connection with Barauni P.S. Case No. 428 of 2019 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.45167 of 2021(2) dt.11-01-2022 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T