Patna High CourtCR. MISC./43103/2018bail granted

Rohit Kumar Yadav @ Rohit Yadav v. The State Of Bihar

2018-09-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43103 of 2018 Arising Out of PS. Case No.-410 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Rohit Kumar Yadav @ Rohit Yadav S/o Pradip Yadav, R/o Vill.- Pothiya, P.S.- Simraha, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Farbesganj P.S. Case No. 410 of 2017 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is of snatching Rs. 4 Lacs as well as one golden chain from the informant and his brother while they were in their shop.

It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Suraj Yadav. Nothing has been recovered from the possession of the petitioner and he has been remanded in this case on 17.02.2018. Similarly, situated co-accused persons have been granted bail by co-

Patna High Court Cr.Misc. No.43103 of 2018(3) dt.24-09-2018 2/2 ordinate benches of this Court vide orders dated 09.11.2017 in Criminal Miscellaneous No. 52431 of 2017, 14.12.2017 in Criminal Miscellaneous No. 54283 of 2017, 15.12.2017 in Criminal Miscellaneous No. 54932 of 2017 and 11.01.2018 in Criminal Miscellaneous No. 1795 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Farbesganj P.S. Case No. 410 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 reasonable reason will be sufficient 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) ranjan/- U