← Library
Patna High CourtCR. MISC./7608/2021allowed

Sikandar Yadav v. The State Of Bihar

2021-06-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7608 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- JOGBANI District- Araria ====================================================== SIKANDAR YADAV S/o- Manoj Yadav, Resident of Village - Indranagar, Tikuliya, Ward No. 10, P.S. -Jogbani, District - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Choubey, Adv.

For the Opposite Party/s :

Mr.Pramod Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 414 of the Indian Penal Code.

It is alleged that there is recovery of stolen mobile phones from the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no incriminating articles has been recovered from

Patna High Court CR. MISC. No.7608 of 2021(2) dt.03-06-2021 2/3 the possession of the petitioner. The petitioner is languishing in judicial custody since 13.08.2020. There is no compliance of Section 100 of the Cr.P.C.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Jogbani P.S. Case No. 194/2020 to the satisfaction of learned Court below where the case is pending; subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the

Patna High Court CR. MISC. No.7608 of 2021(2) dt.03-06-2021 3/3 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. (Anjani Kumar Sharan, J) amitkumar/- U T