Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 58635 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Pramod Yadav, S/o Suraj Yadav, resident of Village- Dhobiyahi, P.S.- Nirmali, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : M/s Jitendra Kr Bharti & Rohit Kr, Advocates For the Opposite Party/s: Smt Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Ghoghardiha Police Station Case No 5 of 2017 dated 15.01.2017 corresponding to GR No 79 of 2017 registered for the offence punishable under Sections 413, 414 of Indian Penal Code.

The first information report has been lodged on the statement of the police officials regarding theft of motorcycle. Counsel for the petitioner submits that on the basis of confessional statement made by one of the accused Mukesh Kumar Yadav, he has been falsely implicated in this case. He denies and disputes the recovery of the motorcycle from his maternal grandfather's house. In support of his submissions, he draws attention of this Court to the seizure list which, prima facie as per his submission, has not been prepared in accordance with law. He is in custody in

Patna High Court Cr.Misc. No.58635 of 2017 (3) dt.20-12-2017 2/2 connection with this case since 28.06.2017. Though he has disclosed in paragraph 3 of the petition that some other cases are pending against him but in most of the cases, he has already been granted bail in those cases..

Considering the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his 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, Jhanjharpur, Madhubani in Ghoghardiha Police Station Case No 5 of 2017 corresponding to GR No 79 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T