Patna High CourtCR. MISC./42343/2023bail granted

Jimdar Yadav @ Jimdar Kumar @ Pankaj Kumar @ Jimadar Yadav v. The State Of Bihar

2023-07-14Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42343 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Jimdar Yadav @ Jimdar Kumar @ Pankaj Kumar @ Jimadar Yadav, Son of Mithlesh Yadav @ Mithilesh Singh, Resident of village-Bagahi, P.S.-Barun, District-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barun P.S. Case No. 01/2023 lodged on 01.01.2023 under Section 379 of the Indian Penal Code.

3. As per the prosecution case, the allegation of theft of a tractor is against the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Though, the petitioner is a named accused in the FIR, but neither the alleged tractor has been recovered from his possession nor he has been put on Test Identification Parade. The name of the petitioner has been figured in this case only because he was seen

Patna High Court CR. MISC. No.42343 of 2023(2) dt.14-07-2023 2/3 at the place of occurrence before the alleged theft. He further submits that the petitioner is in custody since 29.03.2023 and apart from the present case, two other criminal cases are also pending against him in which he is pursuing bail and the petitioner has been remanded in the present case. Moreover, section 379 in which the FIR has been lodged is triable by a Magistrate.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. 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 CJM, Aurangabad in connection with Barun P.S. Case No.01/2023 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, which shall be resulted in the cancellation of his bail bond.

Patna High Court CR. MISC. No.42343 of 2023(2) dt.14-07-2023 3/3 B. One of the bailors shall be a close relative who shall file an affidavit before the court about his relationship with the petitioner.

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 the present bail bond, violation of this condition shall result in cancellation of his present bail bond.

(Dr. Anshuman, J) Ashwini/- U T