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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51666 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Sintu Yadav @ Sintu Kumar Yadav Son Of Phulchand Yadav R/O-VillageNaya Tola Jurabganj P.S.- Kodha District -Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-09-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Pipra P.S. Case No. 221 of 2023, registered for the offence punishable under Section 394 of the Indian Penal Code.

3. While the informant was going to her home with her husband after withdrawing Rs. 1,50,000/- from Central Bank, in the meantime, two unknown miscreants riding on a motorcycle intercepted them and looted the cash and valuables.

4. Learned Advocate for the petitioner contended that the name of the petitioner has transpired on his self confessional statement recorded by the police in connection with Chakia P.S. Case No. 382 of 2023 and, as such, not

Patna High Court CR. MISC. No.51666 of 2024(3) dt.25-09-2024 2/3 admissible in the eyes of law. Moreover, except the self confession, there is no material suggesting the complicity of the petitioner in the crime. Neither the petitioner has been put on Test Identification Parade nor any incriminating material has been recovered. Now the petitioner has been languishing in jail since 07.12.2023, and the investigation of the crime is complete.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has criminal antecedent of identical nature.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the crime, in question, is triable by the Magistrate and now the petitioner has been incarcerated since 07.12.2023. Moreover, the investigation is complete and save and except the confessional statement, there is no material suggesting the complicity of the petitioner in the crime, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 221 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.51666 of 2024(3) dt.25-09-2024 3/3 (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) shivank/- U T