Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65103 of 2022 Arising Out of PS. Case No.-35 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Anil Yadav Son of Chandrika Yadav Resident of village - Naya Tola Jurabganj, 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. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. 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.

3. Petitioner seeks bail who is in custody since 25.06.2022 in connection with Lakhnaur (RSOP) P.S. Case No. 35 of 2022, F.I.R. dated 10.03.2022 for the offences punishable under Sections 356, 379/34 of the Indian Penal Code.

4. According to prosecution case, when the informant and her friend were coming back from the bank, then two miscreants intercepted their way and snatched Rs. 2,70,000/- from them and fled away.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65103 of 2022(5) dt.20-07-2023 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the self confessional statement of the petitioner which was recorded in Ghoghardiha P.S. Case No. 42 of 2022. He further submits that nothings has been recovered from the possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 25.06.2022.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.

7. 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 Judicial Magistrate 1st, Jhanjharpur in connection with Lakhnaur (RSOP) P.S. Case No. 35 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.65103 of 2022(5) dt.20-07-2023 3/3

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