Sudama @ Sudama Yadav @ Santosh Yadav @ Vishal Yadav @ Karan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57214 of 2022 Arising Out of PS. Case No.-335 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SUDAMA @ SUDAMA YADAV @ SANTOSH YADAV @ VISHAL YADAV @ KARAN YADAV, aged about 50 years old, male, S/O Late Ramlal Yadav Resident of village- Jorabganj, P.S.- Kodha District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kotwali PS Case No. 335 of 2021, GR No. 2048 of 2021, registered for the offence punishable under Section 392 of the Indian Penal Code. The victim has alleged chain snatching by unknown persons. Learned counsel for the petitioner submits that while he was in custody in connection with Naugachiya PS Case No. 264 of 2021, he has been remanded in this case on 8/10/ 2021 and since then he is in custody. He has 13 antecedents since before as per disclosure made in para 03 (three) of the bail petition and this has led to his false implication in this case; in some of those cases, he is on bail. The alleged chain has not been recovered from the petitioner and he has not even been put on Test Identification Parade (for brevity TIP). Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, nature of accusation and the petitioner's period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the

Patna High Court CR. MISC. No.57214 of 2022(2) dt.18-01-2023 2/2 petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judaical Magistrate 1st class Bhagalpur, in connection with Kotwali PS Case No. 335 of 2021, GR No. 2048 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T