Dhiraj Kumar Yadav @ Dhiraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7352 of 2021 Arising Out of PS. Case No.-270 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Dhiraj Kumar Yadav @ Dhiraj Yadav Son of Phulchand Yadav, R/o VillageSitabganj, P.S. - Korha, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-06-2021 In view of sadden surge of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Khagaul P.S. Case No. 270 of 2019 registered for offence punishable under section 392 of the Indian Penal Code.

While the informant was returning after withdrawing some money, it is alleged that on pistol point, the unknown

Patna High Court CR. MISC. No.7352 of 2021(2) dt.28-06-2021 2/3 miscreants snatched his bag and fled away.

The petitioner's counsel submits that after he was arrested in connection with Khagaul P.S. Case No. 283 of 2019 under section 392 of the Indian Penal Code, he has been implicated in this case and on basis of such implication on suspision he is in custody since 22.01.2020 in this case, though he has already been allowed bail in Khagaul P.S. Case No. 283 of 2019, other than Khagaul P.S. Case No. 283 of 2019 there are no other criminal cases pending since before against the said petitioner. There is no recovery of any incriminating material from the petitioner nor he has put on T.I. Parade till date. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Danapur, Patna in Khagaul P.S. Case No. 270 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner.

Patna High Court CR. MISC. No.7352 of 2021(2) dt.28-06-2021 3/3 The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Mahesh/- U T