Abhimanyu Yadav @ Abhimanyu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50819 of 2021 Arising Out of PS. Case No.-484 Year-2020 Thana- RANIGANJ District- Araria ====================================================== 1.
ABHIMANYU YADAV @ ABHIMANYU KUMAR YADAV S/o KALLAR YADAV @ KALANAND YADAV R/o VILLAGE-SAIFGANJ, P.SFORBESGANJ, DISTRICT-ARARIA. 2.
MD. MUNNA @ SAH MUNNA S/o LATE SARFUDDIN R/o VILLAGESAIFGANJ, P.S-FORBESGANJ, DISTRICT-ARARIA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate.
For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioners seek bail in connection with Raniganj P.S. Case No. 484 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code and charge sheet has been submitted under Sections 395 and 412 of the Indian Penal Code.
According to F.I.R., four unknown miscreants allegedly snatched Rs. 2030/-, a mobile and key of the
Patna High Court CR. MISC. No.50819 of 2021(2) dt.03-01-2022 2/3 motorcycle of the informant and fled away.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel further submits that the name of the petitioners transpired in the case on the basis of confessional statement of co-accused Awadh Verma. He further submits that the said Awadh Verma has been granted bail by the court below vide order dated 08.02.2020 passed in B.P. No. 190 of 2021. He further submits that after investigation police has submitted charge sheet against the petitioners and the petitioners are in custody since 15.02.2021.
The learned Additional Public Prosecutor for the State opposed the prayer for bail.
Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Raniganj P.S. Case No. 484 of 2020 with the following conditions:-
(1) Petitioners 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.50819 of 2021(2) dt.03-01-2022 3/3 on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) mantreshwar/- U T