Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52054 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Dinesh Yadav S/o Heera Yadav, Resident of Village- Misir Chak, P.S.- Tankuppa (Wazirganj), District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sherghati P.S. Case No. 191 of 2014 registered for offence under section 395 of the Indian Penal Code. As per the first information report, a truck bearing registration No. NL01K/2803 was carrying Maida from Banaras to Purlia, near Sherghati the truck was forcibly stopped and its driver and khalasi was assaulted, the truck loaded with Maida was taken away by the accused persons.

During investigation, the name of the petitioner has surfaced.

The counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.52054 of 2015 (3) dt.09-02-2016 2/2 petitioner has no previous criminal history, but after the above incident, he has been remanded in two more cases and he is in custody since 24th June 2014.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail in or after 1st week of April 2016 on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati in connection with Sherghati P.S. Case No. 191 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the police by 7th of every month for at least nine months.

(Shivaji Pandey, J) Mahesh/- U T