Dasrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51645 of 2019 Arising Out of PS. Case No.-514 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== DASRATH YADAV S/o Chalitra Yadav @ Charitra Yadav R/o village- Tajpur Diyara, P.S.- Baliya, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 514 of 2017 registered for the offence punishable under Section 392 of the Indian Penal code.

Informant in his written complaint has stated that he was working as ITZ Cash Collection Point. On 31.07.2017 the collection amount of Rs. 3,29,300/- was collected, in the meantime, four unknown accused persons riding on two motorcycles came there and looted all the amounts and mobile and fled away. FIR is against unknown.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case on the

Patna High Court CR. MISC. No.51645 of 2019(3) dt.01-10-2019 2/3 basis of confessional statement of co-accused, namely, Abhimanyu Singh who has already been granted bail by this Hon'ble Court as contained in Annexure-3. Similarly placed other co-accused have also been granted bail by this Hon'ble Court as contained in Annexure-2 series. Petitioner has been remanded in this case on 12.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria, in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 514 of 2017 subject to the conditions that:-

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

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.51645 of 2019(3) dt.01-10-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T