Mukesh Yadav @ Mukho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35571 of 2020 Arising Out of PS. Case No.-470 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Mukesh Yadav @ Mukho son of Bindeshwari Yadav @ Bino Yadav resident of village- Heera Tol, P.s.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Balia P.S. Case No. 470 of 2019 (G.R. No. 4411 of 2019), registered for the offence punishable under Section 394 of the Indian Penal Code. As per the prosecution case, while the informant was going to Balia Branch by her scooty, two motorcycle borne miscreants intercepted her and on the point of pistol, snatched her bag containing one register, one HHD machine and Rs. 1210/- and fled away.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. The name of petitioner has come on the confessional statement of co-accused and also of the petitioner. Petitioner is in custody since 10-01-2020, but till date, no T.I.P.

Patna High Court CR. MISC. No.35571 of 2020(2) dt.22-12-2020 2/2 has been conducted. No incriminating article has been recovered from the possession of the petitioner. Chargesheet has already been submitted.

In view of aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar, learned Judicial Magistrate 1st Class, Begusarai in connection with Balia P.S. Case No. 470 of 2019 (G.R. No. 4411 of 2019), on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T