Saurabh Yadav @ Saurav Kumar Yadav @ Saurav Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61700 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- BHARGAMA District- Araria ====================================================== SAURABH YADAV @ SAURAV KUMAR YADAV @ SAURAV KUMAR SUMAN Son of Ashok Singh @ Ashok Kumar Singh Resident of VillageMirjapur Ward No. 02, P.S.- Fulkaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in virtual Court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

As per prosecution case, it is a case of snatching of Rs. Four lacks, mobiles and ATM card from the informant. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has transpired only on the basis of the confessional

Patna High Court CR. MISC. No.61700 of 2021(2) dt.25-03-2022 2/3 statement of co-accused, namely, Ranjan Yadav. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no T.I. Parade has been conducted by the prosecution and similarly situated co-accused, namely, Pintu Kumar Paswan has been granted bail vide order dated 01.12.2021 in Cr. Misc. No. 29213 of 2021 by this Hon'ble Court and the petitioner is in custody since 08.07.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, 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 learned Court below where the case is pending in connection with Bhargama Police Station Case No.116 of 2020, with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.61700 of 2021(2) dt.25-03-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T