Prithvi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49074 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Prithvi Yadav, Gender- Male, aged about 40 years, Son of Shrawan Yadav Resident of Village - Naya Tola Jurabganj, Police Station - Kodha, District - Katihar.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Anant Kumar Mishra, Adv.
For the State :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2022 This matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Bidupur PS Case No. 64 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.
The informant has alleged that Rs. 95,000/- which she had withdrawn from the Bank was snatched by two persons on motorcycle.
Learned counsel for the petitioner submits that the petitioner has been implicated in this case after his arrest in Hajipur Town PS Case No. 127 of 2022 whereafter he has been
Patna High Court CR. MISC. No.49074 of 2022(2) dt.09-12-2022 2/3 remanded in this case. The petitioner has not been put on Test Identification Parade. There is no recovery of any incriminating material from him and he is in custody since 29-03-2022. It is also submitted that the petitioner is on bail in one of the two cases pending against him since before, as per disclosure made in paragraph No.3 of the bail petition.
Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
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 CJM Vaishali at Hajipur, in connection with Bidupur PS Case No. 64 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii)That the petitioner will be well represented on each
Patna High Court CR. MISC. No.49074 of 2022(2) dt.09-12-2022 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) shyambihari/- U T