Pintu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.25379 of 2018 (2) dt.15-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25379 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Pintu Yadav, Son of Nageshwar @ Nago Yadav @ Nagendra Yadav, resident of Village- Laxmipur (O.P. Patarghat), P.S.- Sour Bazar, DistrictSaharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Neeraj Kumar @ Sanidh, Adv Mr. Subhash Sharma, Adv For the Opposite Party/s :Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.09.2017 in connection with Bhaktiyarpur P.S. Case No. 231 of 2017 for the alleged offences under Sections 392, 395, 412 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with looting of motor cycle. It is submitted that the petitioner has been implicated merely on the extra judicial confessional statement of co-accused Jitendra Kumar and except the same there is no other material to connect the petitioner with the alleged occurrence. The FIR is against unknown persons and no T.I. Parade has been conducted for his identification. It is stated that neither the motorcycle nor any incriminating articles have been recovered from the possession of the petitioner.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.25379 of 2018 (2) dt.15-05-2018 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Bhaktiyarpur P.S. Case No. 231 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T