Jitu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57320 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== Jitu Yadav, aged about 24 years, Male Son of Chatarua Yadav, Resident of Village - Bishanpur, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Lodipur P.S. Case No. 242 of 2020 registered for the offences punishable under Sections 461, 379, 511 of the Indian Penal Code. The case relates to commission of theft in the shop of the informant by the petitioner.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. He further submits that the petitioner was caught hold by the

Patna High Court CR. MISC. No.57320 of 2021(2) dt.31-01-2022 2/3 informant on the spot. He also submits that nothing has been recovered from the conscious possession of the petitioner and the police after investigation submitted chargesheet against him. Petitioner is in custody since 30.12.2020.

Learned Additional Public Prosecutor opposed the prayer for bail and submitted that the petitioner carries altogether five criminal cases other than the present one. Considering the aforesaid facts and circumstances as well as period of custody, 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 the learned ACJM- IX, Bhagalpur in connection with Lodipur P.S. Case No. 242 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.57320 of 2021(2) dt.31-01-2022 3/3

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Anand Kr.

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