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Patna High CourtCR. MISC./5061/2021bail granted

Satendra Yadav @ Satendra Kumar v. The State Of Bihar

2021-04-06Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5061 of 2021 Arising Out of PS. Case No.-110 Year-2019 Thana- KINJAR District- Jehanabad ====================================================== SATENDRA YADAV @ SATENDRA KUMAR Son of Ramanand Yadav Resident of Village - Ganesh Bigha (Sewnan), P.S.- Jehanabad (Kadauna O.P.), District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 The matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Kinjer P.S. Case No. 110/2019, registered for the offence punishable under Section 395 of the Indian Penal Code.

As per prosecution case, some unknown miscreants intercepted the informant, who was going to Naubatpur with his truck, and snatched cash of Rs. 26,000/- and also alleged to have taken away the truck of the informant after dragging the driver and the informant in to Scorpio.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R. Name of petitioner has

Patna High Court CR. MISC. No.5061 of 2021(2) dt.06-04-2021 2/3 come in the confessional statement of co-accused, namely, Monu Kumar and Ravi Sinha. No incriminating article has been recovered from possession of the petitioner and till date no T.I.P. has been held. It is further submitted that similarly situated coaccused, namely, Monu Kumar and Ritesh Kumar have already been granted bail by co-ordinate Benches of this Court, vide order dated 14.01.2020 passed in Cr. Misc. No. 1934/2020 and order dated 05.02.2020 passed in Cr. Misc. No. 7841/2020 respectively.

Petitioner is in custody since 24.07.2020.

Considering the facts aforesaid and the fact that no incriminating article has been recovered from possession of this petitioner and till date T.I.P. has not been held, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be

Patna High Court CR. MISC. No.5061 of 2021(2) dt.06-04-2021 3/3 cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) rakhi/- U T