Hira Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47931 of 2018 Arising Out of PS.Case No. -474 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Hira Yadav, Son of Indal Yadav, Resident of Mohalla- Jurabganj Nayatola, Police Station- Kodha, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sheikhpura P.S.Case No.474 of 2018 (G.R.No.1016 of 2018) registered for offences punishable under Section 379 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the informant withdrew Rs.48,000/- from the Bank and kept it in the Dicky of his motorcycle and parked it and one person breaking the Dicky took out the cash and further allegation is that on next day he kept watching there and arrested the petitioner from there as the person who has committed theft.

Submission of the learned counsel for the petitioner is that the petitioner has clean antecedent and he was working as a

Patna High Court Cr.Misc. No.47931 of 2018 (3) dt.27-09-2018 2/2 labourer in the house of the informant and there was dispute with regard to wages and as such he has been falsely implicated in this case and there is no witness of the occurrence except informant, his brother and one co-villager. Moreover the petitioner is in custody since 22.6.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Sheikhpura in connection with Sheikhpura P.S.Case No.474 of 2018 (G.R.No.1016 of 2018). With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T