Chandra Kishor Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37490 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- PIPRA District- Supaul ====================================================== 1.
Sanjeev Kumar Son Of Bhupendra Yadav, R/O Village- Daha Babhani, Ward No.-3, P.S.- Gamharia, District- Madhepura 2.
Preetam Kumar Bharti Son Of Arun Kumar Bharti, R/O Village- Daha Babhani, Ward No.-3, P.S.- Gamharia, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38159 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- PIPRA District- Supaul ====================================================== Chandra Kishor Yadav Son Of Shyam Sundar Prasad Yadav, R/O VillageJhokayar, Ward No.-16, P.S.- Pipra, District- Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37490 of 2022) For the Petitioner/s :
Mr.Harsh Singh, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP (In CRIMINAL MISCELLANEOUS No. 38159 of 2022) For the Petitioner/s :
Mr.Jata Shankar Jha, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsels for the petitioners and learned counsels for the State through virtual mode.
The petitioners seek regular bail in connection with
2/4 Pipra P.S. Case No. 22 of 2022 lodged under Section 392 of the Indian Penal Code.
As per the prosecution, the allegation of robbery is there in the F.I.R. in which nobody was named and case has been filed against 3 unknown accused persons. Learned counsels for the petitioners submit that petitioners are innocent and have committed no offence. They further submit that nothing was recovered from the possession of the petitioners and petitioners were not put on T.I.P.. Learned counsels further submit that the name of the petitioners have figured in this case by virtue of the confessional statement of the co-accused.
Learned counsel for the petitioners of Cr. Misc. Case No. 37490 of 2022 submits that petitioners are in custody since 18.03.2022 and their antecedent are clean and they are ready to fulfill all the conditions whatsoever shall be imposed upon them by the Court.
Learned counsel for the petitioner of Cr. Misc. 38159 of 2022 submits that petitioner is in custody since 16.02.2022 having one criminal case which is of excise matter. He also submits that the name of the petitioner has figured in this case by virtue of the confessional statement of the co-accused, save
3/4 and except the confessional statement, there is nothing more against the petitioner.
Both counsels submit that charge sheet has already been filed.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of the case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Supaul in connection with Pipra P.S. Case No. 22 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioners 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 their bail bonds.
B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioners.
4/4 With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T