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.65238 of 2022 Arising Out of PS. Case No.-319 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SUDAMA @ SUDAMA YADAV @ SANTOSH YADAV @ VISHAL YADAV @ KARAN YADAV Son of Late Ramlal Yadav R/v- 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, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, two unknown miscreants boarded on motorcycle came and snatched the bag of the informant containing Rs. 15,000/- and other relevant documents. Thereafter, they fled away.

Patna High Court CR. MISC. No.65238 of 2022(2) dt.13-03-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of one Nand Kishore Kumar who stated about the involvement of the petitioner in this case and in other cases. No incriminating material has been recovered from the conscious possession of the petitioner. No T.I. Parade has been conducted by the prosecution. The petitioner is also accused in eleven other criminal cases out of which he is on bail in nine cases as stated in para 3 of the bail petition. Learned counsel has further submitted that there is nothing except the criminal antecedents against the petitioner. The petitioner is in custody since 30.01.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Bhagalpur Kotwali P.S. Case No. 319 of 2021, with conditions:-

Patna High Court CR. MISC. No.65238 of 2022(2) dt.13-03-2023 3/3

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T