Mrityunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60029 of 2022 Arising Out of PS. Case No.-89 Year-2017 Thana- GWALPARA District- Madhepura ====================================================== MRITYUNJAY YADAV Son of Shyam Sundar Yadav Resident of VillageChandi Asthan, Gajipaita, P.S.- Sonbarsa Raj, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Section 392 of IPC.

The prosecution case in short is that some unknown persons are alleged to have snatched the motorcycle of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner has been made accused on the basis of the photographs shown by the S.H.O. of the concerned police station. Further submits that thereafter the petitioner, on the basis of the self-statement, he has been implicated in the present case and he has been remanded in the

Patna High Court CR. MISC. No.60029 of 2022(2) dt.07-02-2023 2/3 present case on 20.09.2021 and till date no TIP has been conducted by the prosecution and no incriminating article has been recovered from possession of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 03.07.2017. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner. Further submits that the petitioner carries 29 more cases other than the present one.

Considering the aforesaid facts, 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 learned court below where the case is pending in connection with Gwalpara P.S.Case No.89 of 2017 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.60029 of 2022(2) dt.07-02-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T