Baiju Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9174 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== BAIJU KUMAR YADAV, Son of Jay Prakash Yadav, Resident of Village - Narar, P.S. - Kalluahi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2021 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 Section 395 of the Indian Penal Code. Allegation against the petitioner is said to have looted jewellery and cash by fire arm on the strength of other accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the

Patna High Court CR. MISC. No.9174 of 2021(2) dt.23-06-2021 2/3 FIR. On the basis of confessional statement co-accused, he has been made accused in this case. There is no any incriminating articles has been recovered from the possession of the petitioner. The petitioner is languishing in judicial custody since 26.02.2020. There is no T.I. Parade till date. The similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 24.09.2020 passed in Cr. Misc. No.24303/2020.

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 Rajnagar P.S. Case No. 58/2020, corresponding to C.R.I. No. 318/2020 to the satisfaction of learned Court below where the case is pending; subject to the following conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.9174 of 2021(2) dt.23-06-2021 3/3 address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) amitkumar/- U T