Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3822 of 2018 Arising Out of PS. Case No.-201 Year-2017 Thana- RAJGIR District- Nalanda ====================================================== Sanjay Yadav Son of Rajendra Yadav Resident of Village- Parariya, P.S. Nardiganj, District Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 04.09.2017 in connection with Rajgir P.S. Case No. 201 of 2017 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that a number of persons were arrested by the police, who were alleged to be motorcycle thieves and on their tip-off, petitioner, who is alleged to be the leader of the gang, was also apprehended and from his possession, two master keys and two motorcycles were recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3822 of 2018(3) dt.17-02-2018 2/3 petitioner that he is innocent, bears no criminal history and that considering the period of custody, a sympathetic consideration be given. He submits that charge-sheet has already been submitted and he is ready to cooperate during investigation/ trial on day to day basis.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda in connection with Rajgir P.S. Case No. 201 of 2017, subject to the conditions that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.

(2) It is also made clear that if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at

Patna High Court Cr.Misc. No.3822 of 2018(3) dt.17-02-2018 3/3 liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T