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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58981 of 2018 Arising Out of PS.Case No. -49 Year- 2017 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== Shatrudhan Yadav @ Shatrudhan Kumar Yadav S/o Late Ganga Prasad Yadav, R/o Vill.- Gobrahi, P.S.- Jaynagar, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.07.2017 in connection with Madhubani Town P.S. Case No. 49 of 2017 corresponding to CRI No. 261 of 2017 for offences punishable under Section 392 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he had closed his jewelery shop and was returning home with a bag containing gold ornaments, two motorcycles being driven by four co-accused stopped and on pistol point snatched the bag.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.58981 of 2018 (3) dt.28-09-2018 2/3 petitioner that he is innocent, not named in the F.I.R. and his name surfaced only on the confessional statement of the co-accused. He submits that no T.I. Parade has been done so far and charge-sheet has already been submitted and that the petitioner is languishing in judicial custody since more than one year two months. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in nine cases some of similar nature. Considering the facts and circumstances and the materials on record and the period of custody, let petitioner, above named, 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 learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 49 of 2017 corresponding to CRI No. 261 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship

Patna High Court Cr.Misc. No.58981 of 2018 (3) dt.28-09-2018 3/3 with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/Priyanka U T