Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25615 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -DHANGAI District- BHOJPUR ====================================================== Sanjay Yadav Son of Late Amir Yadav, resident of Village- Rupbandh, Police Station- Jagdishpur, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukul Prasad, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking Regular Bail in connection with Dhangai P.S. Case No. 34 of 2016 for offences alleged under Sections 395, 364 of the Indian Penal Code.

Learned counsel for the petitioner submits that so far as the present petitioner is concerned, the allegation against him is that the goods loaded on the truck were unloaded in the rice mill which is being run by this petitioner. The petitioner has no criminal antecedent and he was not present in the rice mill when the alleged unloading took place, There is no active participation of this petitioner in commission of the offences alleged under Section 395/364 of the Indian Penal Code. The petitioner is in custody since 17.10.2016, and the co-accused Birendra Singh Yadav @ Birendra Samrat @ Birendra Yadav has been granted regular bail by a coordinate Bench of this Court in Cr. Misc. No. 21393/2017.

Patna High Court Cr.Misc. No.25615 of 2017 (2) dt.13-06-2017 Learned Additional Public Prosecutor opposed the prayer for bail of the petitioner.

Considering the nature of allegation and the submission that unloading of goods in the rice mill of the petitioner was not in presence of the petitioner and the petitioner is not having any criminal antecedent, and also that he is in custody for about 8 months by now and the coaccused has been granted regular bail by a coordinate Bench of this Court, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur at Ara, in connection with Dhangai P.S. Case No. 34 of 2016, subject to the conditions under Section 437(3) Cr.P.C. and that petitioner shall cooperate in early completion of trial and shall appear in the trial court regularly, in case of two regular default in appearance before the trial court, his bail bond shall be cancelled by the trial court itself.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T