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Patna High CourtCR. MISC./52545/2023bail granted

Arvind Kumar Yadav v. The State Of Bihar

2023-08-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52545 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== ARVIND KUMAR YADAV S/O SHRIRAM SINGH R/O VILLAGEHASANPURA, PS. KARAMCHAT, DIST. KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard Mr. Satya Prakash, learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Karamchat P.S. Case No.45 of 2023 instituted under Section 392/34 of the IPC lodged on 11.06.2023 by the informant Dablu Kumar.

As per the prosecution story, the allegation is that the informant was going by tractor when accused persons on motorcycle overtook, had some quarrel and thereafter snatched Rs.5000/-. The informant and his associate nabbed two persons while rest managed to escape. This followed the FIR. It is the case of the petitioner that a minor scuffle between the parties was given the look of snatching of the amount as also mobile for which he has already suffered by being in custody since 12.06.2023 (para-12 of the petition).

Patna High Court CR. MISC. No.52545 of 2023(2) dt.19-08-2023 2/3 Learned APP opposes the prayer for bail.

Considering the aforesaid facts on record, the allegation in the FIR, the custody period (12.06.2023), this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Karamchat P.S. Case No.45 of 2023 to the satisfaction of learned Additional Chief Judicial Magistrate, IIIrd, Kaimur at Bhabhua, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.52545 of 2023(2) dt.19-08-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T