Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38126 of 2020 Arising Out of PS. Case No.-224 Year-2020 Thana- MANJHI District- Saran ====================================================== AKHILESH YADAV Son of Hawaldar Rai Resident of Village-Saraidha @ Saraiya, P.S.-Rivilganj, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2021 Heard both parties.

The petitioner seeks bail in Manjhi P.S. Case No. 224 of 2020, registered for the offence punishable under Section 379 of the Indian Penal Code.

As per the prosecution case, motorcycle of the informant was stolen away by unknown persons. It is submitted that petitioner is not named in the FIR. No incriminating article has been recovered from possession of this petitioner. Petitioner has been arrested merely on suspicion and he confessed his guilt before the police in his self confession which has got no evidentiary value in the eye of law. The alleged stolen motorcycle has not been recovered from conscious possession of this petitioner rather it was recovered from village Majhanpura. Petitioner is in custody since

Patna High Court CR. MISC. No.38126 of 2020(2) dt.05-02-2021 2/2 19.08.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIII, Chapra, Saran in connection with Manjhi P.S. Case No. 224 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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