Ram Swaroop Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70591 of 2023 Arising Out of PS. Case No.-502 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Ram Swaroop Yadav Son Of Sohray Yadav Resident Of Village - Jehlibigha, Ps- Fatehpur, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 502 of 2023, lodged on 11.07.2023, under Section 414 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against the present petitioner on the ground that he was going on the motorcycle which is subject to theft and upon chase police has apprehended with the said motorcycle. Upon demand he was not in a position to show any document relating to motorcycle.
4. Counsel for the petitioner submits that petitioner is in custody since 12.07.2023. There is one criminal case pending against him which is not relating to theft rather relating to Excise Act. He further submits that offence in which case has
Patna High Court CR. MISC. No.70591 of 2023(2) dt.09-11-2023 2/3 been lodged is magisterial triable.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya, in connection with Fatehpur P.S. Case No.502 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,
Patna High Court CR. MISC. No.70591 of 2023(2) dt.09-11-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T