Metan Yadava @ Mitan Yadav @ Krishna Yadava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54266 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================
1. Metan Yadava @ Mitan Yadav @ Krishna Yadava Son of Judge Singh resident of village - Suara Tola, P.S. - Baghaila, District - Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 07.09.2017 in connection with Nasriganj (Rajpur) P.S. Case No. 153/2016 for offences punishable under Sections 395, 412 of the Indian Penal Code.
The prosecution case, as lodged by the informant, , is that while he was with his tempo at Gola Road Stand, two persons came and took the tempo on rent. On way eight persons intercepted and took away tempo and Rs. 700/- cash with mobile. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the
Patna High Court Cr.Misc. No.54266 of 2017 (2) dt.17-11-2017 2/3 aforesaid case. He submits that petitioner bears no criminal antecedent and his name surfaced on the basis of confessional statement of co-accused Inderma Singh and Prem Chand Kumar Singh @ Prem Yadav, who have been granted privilege of bail by this Court. He further submits that other co-accused persons have also been granted privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 19655 of 2017 on 03.07.2017 and by this Court in Cr. Misc. No. 36610 of 2017 on 19.08.2017. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, 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 Addl. Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Nasriganj (Rajpur) P.S. Case No. 153/2016, subject to the following conditions :
(i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
Patna High Court Cr.Misc. No.54266 of 2017 (2) dt.17-11-2017 3/3 (ii) 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) Rajesh/- U T