Guddu Kumar @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39141 of 2018 Arising Out of PS. Case No.-396 Year-2017 Thana- JAGDIHSPUR District- Bhojpur ====================================================== Guddu Kumar @ Guddu Yadav, Son of Ram Ishwar Yadav, Resident of Village- Saheb Tola (Bihiya), Police Station- Bihiya, District- Bhojpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Jagdishpur P.S. Case No. 396 of 2017 registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged in FIR that on 24.12.2017 after closing shutter of his shop, three unknown miscreants entered and after over powering the driver, took away Rs. 3,22,609/- from the possession of the driver and fled away. It has been submitted by learned counsel for petitioner that the name of petitioner has surfaced in this case on the basis of his self confession and except that there is no incriminating material against the petitioner. Petitioner has one

Patna High Court Cr.Misc. No.39141 of 2018(3) dt.25-08-2018 2/2 criminal antecedent as stated in Para-3 of this petition. He is in custody since 01.01.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIth, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 396 of 2017 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

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

(S. Kumar, J.) Rajiv/manoj U T