Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37918 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Chhotu Yadav, Son of Kail Yadav Resident of village- Gewal Bigha, P.s.- Rampur, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-09-2022 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 Rampur P.S. Case No.93 of 2022 instituted under Section 392 of the I.P.C.

As per the prosecution story, the informant has alleged that when he was talking to his mother on his mobile, the same was snatched but upon his hulla, he was apprehended and it was the petitioner herein.

Learned counsel for the petitioner submits that he has suffered a lot for the said alleged act and is in custody since 11.03.2022.

Per contra, Mr. Jitendra Kumar Singh submits that

Patna High Court CR. MISC. No.37918 of 2022(2) dt.28-09-2022 2/3 there are seven criminal cases under his belt which reflects from para-3 of the bail application.

Considering the fact that the petitioner is in custody since 11.03.2022, charge-sheet stands submitted and ultimately he has to face the Trial, this Court is inclined to grant him privilege of bail subject to strict conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount each in connection with Rampur P.S. Case No.93 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Gaya, 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 by the Trial court itself;

(iii) the petitioner shall leave the district (Gaya) for a period of two month(s) after providing name and address and police station of his place of stay during the said period and he

Patna High Court CR. MISC. No.37918 of 2022(2) dt.28-09-2022 3/3 shall be duty bound to visit the police station (where he will stay) every week to mark his attendance;

(iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months; (v) 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;

(vi) 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