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Patna High CourtCR. MISC./403/2021bail granted

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

2021-02-25Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.403 of 2021 Arising Out of PS. Case No.-372 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Rajeev Kumar Yadav @ Rajeev Kumar, Son of Lalbabu Rai, Resident of Village - Ward No.10, Kaila Jalalpur, Salempur Dumriya, P.S.- Goraul (O.P. Katra), Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mahua P.S. Case No.372 of 2019 for the offence punishable under Section 394 of the Indian Penal Code and Sections 27 of the Arms Act.

Rs.76,243/- have allegedly been looted by 3-4 unknown miscreants from a petrol station.

Petitioner's counsel submits that for an occurrence of 04.07.2019, the F.I.R. has been lodged on 07.07.2019. The petitioner has been remanded in this case from an earlier case. There is no recovery of incriminating material from the petitioner nor has he been put on T.I. Parade. He continues to be

Patna High Court CR. MISC. No.403 of 2021(2) dt.25-02-2021 2/3 in custody in this case since 28.01.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Vandana, learned Judicial Magistrate 1st Class, Vaishali, Hajipur, in connection with Mahua P.S. Case No.372 of 2019, subject to the following conditions: (i) 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.

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

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.403 of 2021(2) dt.25-02-2021 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T