Patna High CourtCR. MISC./36890/2022disposed

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

2022-09-26Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36890 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== Amresh Yadav @ Amresh Kumar Yadav, Son Of Ram Sagar Yadav, Resident of village- Chapradhi, P.S- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Shubham, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Khajauli P.S. Case No.95 of 2021 instituted under Sections 392 of the IPC.

As per the prosecution story, the informant has alleged that he is an employee of L&T Finance Company and had collected Rs.84,750/- while his associate Sonu Kumar collected 58,750/-. As they were proceeding towards Khajauli, they were intercepted by the accused persons who decamped with the money as also the mobile.

Learned counsel for the petitioner submits that although he is in custody since 10.11.2021, no T.I. Parade has

Patna High Court CR. MISC. No.36890 of 2022(2) dt.26-09-2022 2/3 been done and the person on whose confessional statement he was taken into custody namely Bhola Yadav, has since been granted bail by Cr. Misc. No. 786/2020 on 12.07.2022 by a coordinate Bench of this Court. He however concedes that he do have criminal antecedent.

Considering the aforesaid fact that he is in custody since 10.11.2021, charge-sheet stands submitted, the co-accused has since been granted bail as stated aforesaid, this Court is inclined to grant him privilege of bail subject to certain conditions after framing of the charges.

Let the petitioner be released on bail after framing of the charges on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Khajauli P.S. Case No.95 of 2021 to the satisfaction of learned Judicial Magistrate, Ist Class, 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 reason will entail cancellation of his bail

Patna High Court CR. MISC. No.36890 of 2022(2) dt.26-09-2022 3/3 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 promise or threat the witnesses or tamper with the evidences, 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 take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

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