Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63524 of 2021 Arising Out of PS. Case No.-553 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== NARESH YADAV S/o- Suresh Yadav R/o Village - Dudhaila, P.S. - Sonbarsha Kachahari, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 13.07.2021, seeks regular bail in connection with Saharsa Sadar P.S. Case No. 553 of 2021 registered for offences punishable under Section 394 of the Indian Penal Code.

Prosecution story in brief is that total recovery is of Rs. 10,05,260/- from the house of one Subhash Yadav. F.I.R. is against unknown.

Learned counsel appearing on behalf of the petitioner submits that in course of investigation, stolen articles were recovered from the house of one co-accused Subhash Yadav.

Patna High Court CR. MISC. No.63524 of 2021(2) dt.05-05-2022 2/3 Name of the petitioner has surfaced on the basis of confessional statement made by one co-accused Hare Ram Yadav. Petitioner has not been put on T.I.P. till date. Charge-sheet has been submitted. Petitioner has clean antecedent and he is in custody since 13.07.2021.

Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case as well as the period of custody of the petitioner, the Court below is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 553 of 2021 subject to the following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.63524 of 2021(2) dt.05-05-2022 3/3 to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T