Monu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56226 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -KASIMBAZAR District- MUNGER ====================================================== Monu Yadav, Son of late Sakhichan Yadav Resident of Village-Chhoti Mirzapur P.S.-Kasim Bazar, Distt.-Munger .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party : Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard counsel for the petitioner and APP for the State. The petitioner seeks bail in a case registered for offence under sections 457, 380 and 411 of the IPC. Allegation is that the petitioner and others committed theft in the informant's house at the night by breaking the lock of the house.

Counsel for the petitioner submits that on account of animosity the petitioner has been named. There is no recovery from his possession and similarly situated co-accused, mentioned in paragraph 8 of the bail petition, have already been allowed bail by this Court. Petitioner is in custody since 11.9.2017. In paragraph 3 of the bail petition, petitioner has stated that he has also been implicated in three other cases in which he is on bail. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, 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 the Chief Judicial Magistrate, Munger in Kasim Bazar Police Station Case No. 135 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.56226 of 2017 (2) dt.13-12-2017 petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(c) 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) Shashi.

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