Sudhir Kumar Yadav @ Nanhki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50193 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== SUDHIR KUMAR YADAV @ NANHKI YADAV Son of Arun Yadav R/VBaraipura, P.S. - Khodawandpur (Chhaurahi O.P.), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Laheriasarai P.S.Case No. 86 of 2021 registered for the offence under Sections 379/414 of the Indian Penal Code. As per FIR, it is alleged that on 12.02.2021 at about 10.00 A.M. the informant dropped his father in the L.I.C. office after parking his motorcycle bearing registration No. BR07 AH7995 in the premises of LIC office and at 10.30 A.M. when he came back, he saw that one person was running away with his motorcycle. Then the informant and the guard shouted and

Patna High Court CR. MISC. No.50193 of 2021(2) dt.03-01-2022 2/3 people gathered there and the thief was caught red handed with the motorcycle. The arrested accused disclosed his name as Sudhir Kumar Yadav @ Nanki Yadav and he was handed over to the police.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 13.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Laheriasarai, Darbhanga in connection with Laheriasarai Police Station Case No.86 of 2021 with the following conditions:-

(1) Petitioner shall co-operate 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

Patna High Court CR. MISC. No.50193 of 2021(2) dt.03-01-2022 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T