Randhir Yadav @ Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5697 of 2021 Arising Out of PS. Case No.-133 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== RANDHIR YADAV @ RANDHIR KUMAR S/O NARAYAN YADAV Resident Of Village -Sukhashan, P.S. - kumarkhand, District - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-08-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 392/411 of the Indian Penal Code.
Informant has alleged in his fardbayan that while he was going on a motorcycle along with Kumod Sah, four miscreants on two motorcycles intercepted them and they looted Rs.4,000/- cash, one silver chain and the motorcycle with its keys from the informant and they also looted Rs.5,000/- cash, a purse containing SBI ATM, Adahar Card and other documents from possession of Kumud Sah on gun point. It is submitted on behalf of learned counsel for the
Patna High Court CR. MISC. No.5697 of 2021(4) dt.05-08-2021 2/3 petitioner that he is innocent and has been implicated in this case on the basis of alleged recovery of motorcycle from his house. It is alleged that as the police reached his house, other accused managed to flee away however co-accused, Abhimanyu Yadav was apprehended and from his possession, key of the motorcycle and arms were recovered. It has been further submitted that similarly placed co-accused Abhimanyu Yadav, Rupesh Yadav and Babul Yadav have already been granted bail by different co-ordinate Benches of this Court, as contained in Annexure 2 series. Petitioner is having one criminal antecedent arising out of same incident. Petitioner is in custody since 21.08.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kumarkhand P.S. Case No. 133/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No.5697 of 2021(4) dt.05-08-2021 3/3 fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T