Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59885 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- PIRO District- Bhojpur ====================================================== UPENDRA YADAV Son of Dhirajanand Singh Resident of Village - Govind Dih, P.S. - Piro, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner is in judicial custody in connection with Piro P.S. Case No.74 of 2021 lodged under Sections 386, 387, 341, 323, 504, 506 and 353/34 of the Indian Penal Code. As per allegation, police patrolling party was informed that gas vendor was forcibly stopped and manhandled and Rs 900/- had been snatched from him. He gave name of the accused persons which included the petitioner. Police intercepted three accused persons. It is alleged that from this petitioner entire amount Rs 900/- was recovered. He was found drunken.

Counsel for the petitioner submits that merely because he has criminal antecedent; he has been implicated in this case. The petitioner is in jail custody since 25.2.2021. Taking into account the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand)

Patna High Court CR. MISC. No.59885 of 2021(2) dt.18-04-2022 2/2 with two sureties of the like amount each in connection with Piro P.S. Case No.74 of 2021 to the satisfaction of Addl. Chief Judicial Magistrate VIII, Bhojpur at Ara, subject to following conditions: (i) the Trial court shall satisfy itself on the criminal antecedents of the petitioner prior to his release on bail; (ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.

With the aforesaid observation, the bail application is allowed.

(Rajiv Roy, J) s.hassan/- U T