Raj Baban Yadav @ Baban Yadav @ Raj Babar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5279 of 2015 Arising Out of PS.Case No. -390 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Raj Baban Yadav @ Baban Yadav @ Raj Babar Yadav, S/O Jamuna Yadav, Resident of village -Baradih, P.S-Muffasil, Distt-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-02-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is in custody since 14.08.2014 for the offence punishable under Section 414 of the Indian Penal Code. The allegation is that during raid, a motorcycle was recovered from the possession of the petitioner who could not produce any paper relating to the ownership of the motorcycle. During investigation, it has been found that the number of the motorcycle is fake and the number is relating to a tractor. It is submitted that the motorcycle has not been recovered from the conscious possession of the petitioner and after investigation, charge sheet has already been submitted and there is no chance of tempering with the evidence.

Patna High Court Cr.Misc. No.5279 of 2015 (2) dt.10-02-2015 2/2 The learned counsel for the State submits that the petitioner has criminal antecedents.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/court concerned in Muffasil P.S. Case No.390/2014 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T