Krishna Yadav @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63173 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Krishna Yadav @ Krishna Kumar Son of Saryug Rai R/V- Mahnar Lahauri Chak, Ward No. 6, P.S- Mahanar, Dist- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 03.05.2022 in connection with Jandaha P.S. Case No. 84 of 2022, F.I.R. dated 22.03.2022 for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, while the informant was waiting for the pickup van, four persons riding on motorcycle and armed with weapons came and snatched his purse, mobile phone and his bag by threatening. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.63173 of 2022(3) dt.10-04-2023 2/3 further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused person, namely, Rohit Kumar. He further submits that nothing 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 except the confessional statement of the co-accused, namely, Rohit Kumar, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 03.05.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

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 Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection

Patna High Court CR. MISC. No.63173 of 2022(3) dt.10-04-2023 3/3 with Jandaha P.S. Case No. 84 of 2022, subject to 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 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) Vanisha/- U T