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Patna High CourtCR. MISC./46915/2021bail granted

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

2022-03-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46915 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== GUDDU KUMAR YADAV @ GUDDU KUMAR Son of Late Dinesh Yadav Resident of Village - Jamua, Police Station - Bihiya, District - Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Koilwar P.S. Case No. 332 of 2020 for the offence punishable under Section 395 of the Indian Penal Code.

The F.I.R. of the occurrence of dacoity is against unknown. As per the F.I.R., several unknown miscreants are said to have looted the mobile, cash and other belongings of the informant and other persons.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.46915 of 2021(2) dt.23-03-2022 2/3 implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Name of the petitioner has surfaced in this case in course of investigation merely on suspicion that four criminal cases are pending against the petitioner. Petitioner is in custody since 19.01.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation and period of custody of the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur, Arrah in connection with Koilwar P.S. Case No. 332 of 2020, subject to the following conditions:-

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

(2) Petitioner shall co-operate 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

Patna High Court CR. MISC. No.46915 of 2021(2) dt.23-03-2022 3/3 to move for cancellation of bail of the petitioner.

(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.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T