Dharma Yadav @ Dharam Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 45251 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================
1. Dharma Yadav @ Dharam Yadav, S/o Ram Lal Yadav
2. Nihal Kumar Yadav @ Nihal Yadav, S/o Mahesh Yadav Both are Residents of Village-Naya Tola, Jurabganj, P.S.-Kordha, District-Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Uma Shankar Prasad Singh, Advocate For the S t a t e : Mr Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners seek bail in a case registered under Sections 356, 379 of Indian Penal Code.
Allegation is with respect to snatching of a bag containing Rs 49,000/- from the informant which had been withdrawn from the Bank. Counsel for the petitioners submits that the first information report has been lodged against unknown persons. It is submitted that the petitioners have been implicated in the instance case on the basis of confessional statement made in Bahera Police Station Case 192 of 2016. They are in custody in connection with this case since 08.07.2016. They are accused in
Patna High Court Cr.Misc. No.45251 of 2017 (2) dt.19-09-2017 2/3 other two cases also which arise out of same Police Station and their prayer for bail in the aforesaid two cases are pending consideration. It is further submitted that there is no recovery from the possession of the petitioners in respect of the alleged occurrence.
Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Benipur, District - Darbhanga in Bahera Police Station Case No 138 of 2016 subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of
Patna High Court Cr.Misc. No.45251 of 2017 (2) dt.19-09-2017 3/3 misuse.
(iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T