Sandeep Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38312 of 2018 (2) dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38312 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -BHORE District- GOPALGANJ ====================================================== Sandeep Kumar Yadav, Son of Jitendra Yadav @ Jitendra Choudhari @ Jitendra Choudhury, Resident of Village- Sumeri Chhapar, P.S.- Bhore, District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Bhorey P.S. Case No. 109/2018, G.R. No. 1499/2018, for offences alleged under Sections 414 and 34 of the Indian Penal Code. The prosecution case as lodged by the police personnel is that during course of vehicle checking, the petitioner was apprehended along with stolen motorcycle.

It has been submitted by the learned counsel for petitioner that he is innocent, bears no criminal antecedent and was working outside India and had come to India in the month of January. He had taken the motor-cycle from the co-accused Kailash Yadav to go to the market and did not know that it was stolen one. He submits that he is ready to cooperate in the

Patna High Court Cr.Misc. No.38312 of 2018 (2) dt.09-07-2018 investigation and provide all necessary information. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and material on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XII, Gopalganj, in connection with Bhorey P.S. Case No. 109/2018, G.R. No. 1499/2018, subject to the condition that (1.) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2.) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Vinita/- U T