Sagar Yadav @ Sukh Sagar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36744 of 2019 Arising Out of PS. Case No.-278 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== SAGAR YADAV @ SUKH SAGAR YADAV, aged about 24 years, Male, Son of Ashok Kumar @ Jawahar Yadav, Resident of Village - Bhaluahi, P.S.- Gwalpara, District- Madhepura ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dr. Sanjay Kumar Singh, Adv.
For the Opposite Party :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-06-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 08.02.2019 in connection with Bihariganj P.S. Case No. 278 of 2018 for the offence alleged under Section 392 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that he is Assistant Godown Manager, BISCOMAUN, at Bihariganj, and after collecting Rs.14,14,000/- while he was on his way, along with his nephew for depositing in the Bank, three miscreants, on gun point, snatched the said money. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the first information report and has been falsely implicated in the aforesaid case. He submits that the confessional statement of co-accused, Kaila
Patna High Court CR. MISC. No.36744 of 2019(2) dt.18-06-2019 2/3 Mandal @ Kailash Mandal, on whose statement the petitioner has been made accused, has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 21363 of 2019, dated 07.05.2019. He, further, submits that no recovery of the alleged looted money has been made from the possession of the petitioner or from the house of the petitioner and the petitioner is languishing in judicial custody since more than four months. He submits that charge sheet has already been submitted and uptil now no test identification parade has been done.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and two more cases were pending against the petitioner in which in one of them the petitioner has already been acquitted.
Considering the nature of allegations and that the coaccused, on whose confession the petitioner has been made accused, has already been granted bail and that charge sheet has already been submitted, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bihariganj P.S. Case No. 278 of 2018 to the
Patna High Court CR. MISC. No.36744 of 2019(2) dt.18-06-2019 3/3 satisfaction of Sri Abhimanyu Kumar, the learned Judicial Magistrate, 1st Class, Uda Kishunganj, Madhepura, or the successor Court, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Shamshad/- U