Rajedeep Yadav @ Rajpati Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68225 of 2022 Arising Out of PS. Case No.-347 Year-2022 Thana- ALOULI District- Khagaria ====================================================== RAJEDEEP YADAV @ RAJPATI YADAV Son of Janardan Yadav R/VKothiya, P.S- Khagaria (Muffasil) Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence under Sections 406, 420/34 of IPC.

The prosecution case, in short, is that the informant alleged that he found a pick up Van and inquired the driver of the said van told informant that he was carrying Government aided Arwa Rice to Haripur. Later on 1500 Kg Arwa rice alongwith pick up van was seized and his driver was arrested Further alleged that this a case of black marketing of government aided Arwa rice.

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

Patna High Court CR. MISC. No.68225 of 2022(2) dt.24-03-2023 2/3 recovered article is Arwa rice and which is not under the purview of the Essential Commodities Act. Further submits that the petitioner is only a driver of the Pick-Up Van and he has no concerned at all with the alleged recovery of the Arwa rice. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 30.07.2022.

Learned counsel for the State has opposed the prayer for bail of the petitioner.

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 Alauli P.S. Case No. 347 of 2022, 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.68225 of 2022(2) dt.24-03-2023 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