Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4704 of 2021 Arising Out of PS. Case No.-109 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== DILIP YADAV SON OF TUNA YADAV RESIDENT OF VILLAGEDAHIYARI, P.S. SONO, DISTRICT JAMUI, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Chandramandih P.S. Case No.109 of 2019 registered for the offence punishable under Section 395 of the Indian Penal Code. The prosecution case in brief is that one dacoity was committed in the way and 10 to 12 unknown persons looted the Tata 407 driver (informant) of the vehicle and snatched Rs.35,300/- and all other articles.

Patna High Court CR. MISC. No.4704 of 2021(2) dt.26-03-2021 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. His name appeared in the case on the confessional statement of the co-accused Shambhu Paswan. No incriminating article has been recovered from his conscious physical possession and no Test Identification Parade has been held. Charge sheet has been filed against the petitioner. The petitioner has four criminal antecedent and has been languishing in custody since 2.7.2020. Learned APP for the State opposed the bail petition. Considering the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Chandramandih P.S. Case No.109 of 2019, subject to the following conditions: (1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.4704 of 2021(2) dt.26-03-2021 3/3 two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) pallavi/- U T