Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5789 of 2021 Arising Out of PS. Case No.-144 Year-2015 Thana- RAJAON District- Banka ====================================================== Bipin Yadav, Son of Ganga Yadav, Resident of Village - khiddi, P.S. - Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

Informant has alleged that on 12.07.2015 while he was going to Bhagalpur on his motorcycle, four unknown miscreants on a motorcycle intercepted him and snatched away his bag containing Rs. 2,50,000/- on the point of pistol and fled away.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.5789 of 2021(2) dt.13-04-2021 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case. The name of the petitioner has surfaced in this case on the basis of confessional statement of other co-accused namely, Arbind Kumar Yadav. Similarly placed co-accused has been granted bail by co-ordinate bench of this court vide order dated 21.12.2020 passed in Cr. Misc. No. 33771 of 2020. Petitioner is in custody since 17.09.2020. 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/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. Case No. 144 of 2015, subject to 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 represented on each and every date fixed by the court.

(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

Patna High Court CR. MISC. No.5789 of 2021(2) dt.13-04-2021 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T