Bijendra @ Bijo Yadav @ Bijendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.58309 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58309 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BAUNSI District- ARRARIA ======================================================

1. Bijendra @ Bijo Yadav @ Bijendra Yadav Son of Late Kangali Yada R/o Village-Thongaha, P.O.-Bounsi, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bounsi P.S. Case No. 105 of 2015 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code. Allegedly, the petitioner and other two accused snatched the motorcycle from the informant at the point of pistol but due to alarm being raised, they did not succeed in taking away the motorcycle and two co-accused fled away whereas the petitioner did not succeed in fleeing away and was handed over to the Police with motorcycle.

Submission is of false implication and that the petitioner is a man aged about 70 years, he has been made victim of circumstance, he is suffering from old age diseases and the

Patna High Court Cr.Misc. No.58309 of 2015 (2) dt.01-02-2016 informant after realizing the truth has filed petition in the court below also stating regarding the innocence of the petitioner. The petitioner suffering in custody since 16.09.2015 deserves sympathetic consideration.

Learned APP submits that the petitioner was caught by the informant and he did not succeed in fleeing away. In the facts and circumstances stated above, considering the old age of the petitioner and further his detention at this stage, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar J. M. Ist Class, Araria in connection with Bounsi P.S. Case No. 105 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T