Umesh Yadav @ Sekan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44990 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== Umesh Yadav @ Sekan, aged about 30 years, male, Son of Late Jagdish Yadav, Resident of Village- Habbipur, P.S.- Chandauti and District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2019 The petitioner seeks bail in connection with Chandauti P.S. Case No. 113 of 2019, dated 04.05.2019, instituted for the offence under Section 414 of the Indian Penal Code.

The petitioner along with another were found to be in possession of a motorcycle which is stated to be a stolen motorcycle.

The learned counsel for the petitioner submits that the statement about the motorcycle being stolen is only the

Patna High Court CR. MISC. No.44990 of 2019(3) dt.13-09-2019 2/3 guesswork of the informant/police officer as till date, no claimant has come forward to claim custody of the motorcycle in question.

It appears that the petitioner has been made accused in similar nature of offence several times and in all such cases, he has been granted bail.

Mr. Manish Kumar No. 2, the learned counsel for the petitioner submits that the sheer number of the accusation against the petitioner in the past is a proof of the fact that he is being falsely implicated because of his not being in the good books of the police. In all such cases, it has been asserted, the accusation against the petitioner is on the basis of suspicion. Consequently in all such cases, he is on bail.

Considering the aforestated facts and the period of custody of the petitioner/Umesh Yadav @ Sekan in this case, which is from 04.05.2019, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.44990 of 2019(3) dt.13-09-2019 3/3 Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No. 113 of 2019.

It is made clear that if the petitioner, in future, would be found involved in any case of similar nature, it would be open for the prosecution to make an application for cancellation of his bail.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T