Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68564 of 2021 Arising Out of PS. Case No.-245 Year-2021 Thana- DORIGANJ District- Saran ====================================================== RAJ KUMAR YADAV Son of Late Ram Janam Yadav Residence of Village - Ghorhat Mathia, P.S.- Manjhi, District - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :
Mrs. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2022 Heard the parties through video conferencing. 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 19.09.2021, seeks regular bail in connection with Doriganj P.S. Case No. 245 of 2021 registered for offences punishable under Sections 379 and 411 of the Indian Penal Code.
Prosecution story in brief is that one Mukesh Kumar Rai, resident of village- Tetarpur, Police-Station- Khaira, District- Saran at Chapra has alleged that his tractor was parked near house of one Kripal Rai at village Chirand. The Engine No. of the tractor is E9622476 and Chassis No. is T053554800CK.
Patna High Court CR. MISC. No.68564 of 2021(2) dt.13-05-2022 2/3 Admittedly, no Registration no. of the tractor has been given in the FIR which was stolen one.
Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case merely on the basis of suspicion. The stolen tractor was found near brick kiln of one Dhadaka Singh of village Bangara. Nothing was recovered from the possession of the petitioner. Petitioner is in custody since 19.09.2021 without having committed any offence.
Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Considering the nature of accusation made against the petitioner, the stolen tractor was found near brick kiln of one Dhadaka Singh of village Bangara, the petitioner is in custody since 19.09.2021, without going into the merits of the case, the petitioner, above named, is directed to be released 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 A.C.J.M. 13th Saran in connection with Doriganj P.S. Case No. 245 of 2021 subject to the following conditions:
(i) Bailors should be local having sufficient
Patna High Court CR. MISC. No.68564 of 2021(2) dt.13-05-2022 3/3 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 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