Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6497 of 2021 Arising Out of PS. Case No.-757 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Rajesh Yadav Son of Raushan Yadav Resident of Village- Naya Tola, Jurabganj, P.S.- Kordha, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

15-04-2021 Heard learned counsel for the parties through virtual mode.

The petitioner seeks bail in Naubatpur P.S. Case No. 757 of 2019, registered for the offence under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of one bundle note of Rs. 100/- and one bundle note of Rs. 200/-, out of total Rs. One lakh, from the dickey of the motorcycle of the informant.

Petitioner is not named in the FIR and has been made accused on the basis of self-confessional statement of the petitioner recorded in another case. No stolen article has been recovered from the possession of the petitioner and till date, T.I.P. has not been conducted by the police. Petitioner is in

Patna High Court CR. MISC. No.6497 of 2021(2) dt.15-04-2021 2/2 custody since 27.08.2020. It is submitted that though, petitioner is accused in two other similar cases, but in both the cases, he is on bail.

Considering the fact that no stolen article has been recovered from the possession of the petitioner and till date, TIP has not been held, the bail application of petitioner is allowed. Let the above named petitioner 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 A.C.J.M.-III, Danapur, District - Patna in connection with Naubatpur P.S. Case No. 757 of 2019, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T