Ram Avatar Yadav @ Ramavatar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40224 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Ram Avatar Yadav @ Ramavatar Yadav Son Of Yogendra Yadav, R/O VillageAtri, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
: Mr. Pramod Kumar, Adv.
: Mr. Kumar Rajdeep, Adv.
: Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Laukaha P.S. Case No. 79 of 2022, lodged under Sections 394 and 411 of the Indian Penal Code.
As per prosecution case, the allegation against the petitioner along with others that they have committed robbery and had the vehicle on which 24 packets of rice were there. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He also
Patna High Court CR. MISC. No.40224 of 2022(4) dt.01-12-2022 2/3 submits that petitioner has been apprehended upon chase by the police and, the offence in which charge-sheet has been filed is triable by the Magistrate 1st Class. He further submits that petitioner is in custody since 29.03.2022 having one criminal antecedent relating to Excise matter.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Jhanjharpur, DistrictMadhubani in connection with Laukaha P.S. Case No. 79 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner 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, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.
Patna High Court CR. MISC. No.40224 of 2022(4) dt.01-12-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T