Patna High CourtCR. MISC./58429/2023bail granted

Ishwar Yadav @ Rajeshwar Yadav v. The State Of Bihar

2023-09-05Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58429 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- SISWAN District- Siwan ====================================================== ISHWAR YADAV @ RAJESHWAR YADAV son of Suraj Deo Yadav @ Suryadev Yadav Village- Kishunbari Ps- Siswan Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2023 Heard Mr. Kumari Anupam, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State. The petitioner is in judicial custody in connection with S.T. No. 280 of 2023 arising out of Siswan P.S. Case No. 118 of 2022 for the offence punishable under Sections 395 of the Indian Penal Code lodged on 29.5.2022 by the informant, Amrendra Kumar Singh.

As per the prosecution story, the allegation is that the accused persons barged into the house of the informant at 11:00 PM and relieved them of their cash, ornaments and articles worth Rs. 10 lakh before stealing. Accordingly, the FIR. The case of the petitioner is that though he had one criminal antecedent but the police deliberately dragged him in this case on the confessional statement of one Sunil Singh.

Patna High Court CR. MISC. No.58429 of 2023(2) dt.05-09-2023 2/3 Further submission is that he is in custody since 04.02.2023 (para-15 of the petition). Further, one co-accused has been granted bail in Cr. Misc. No. 33865 of 2023 by a coordinate bench.

Learned APP opposes the prayer for bail.

Taking into account the said submissions put forward by the parties as also the fact that similar situate person whose name also came on the confession of Sunil Singh has since been granted bail, as stated above, this Court is inclined to extend him the privilege of bail after framing of charges with conditions.

Let the petitioner be released on bail after framing of charges on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., IVth, Siwan, in connection with S.T. No. 280 of 2023 arising out of Siswan P.S. Case No. 118 of 2022 subject to the 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

Patna High Court CR. MISC. No.58429 of 2023(2) dt.05-09-2023 3/3 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 month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, 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 his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U