Shankar Yadav @ Takala @ Shankar Kumar Yadav @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63191 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- JALALGARH District- Purnia ====================================================== SHANKAR YADAV @ TAKALA @ SHANKAR KUMAR YADAV @ SHANKAR KUMAR S/O SANJAY KUMAR YADAV Resident of villageBaisa Sima, P.S.- Jalagarh, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

According to prosecution case, while the informant along with his co-driver proceeded from Guwahati for Gurgaon by truck bearing registration no. HR-J5AB/3650, four unknown miscreants captured his on the point of firearms and looted away all the articles loaded in the truck.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.63191 of 2022(2) dt.27-02-2023 2/3 petitioner is not named in the F.I.R. His name has been transpired during investigation on the basis of confessional statement of co-accused namely, Roopesh Yadav @ Raushan Yadav. He further submits that nothing incriminating article has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that co-accused, namely, Chandan Kumar Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 11.07.2022 passed in Cr. Misc. No. 17233 of 2022. The police after investigation submitted charge sheet against the petitioner. The petitioner is in custody since 18.04.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 Court below where the case is pending in connection with Jalagarh P.S. Case No. 201/2021, corresponding to S. Tr. No.

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

Patna High Court CR. MISC. No.63191 of 2022(2) dt.27-02-2023 3/3 present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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 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) amit/- U T