Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63423 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -PASRAHA District- KHAGARIA ====================================================== Brajesh Yadav, S/o Late Mahendra Prasad Yadav @ Late Mahendra Yadav, resident of Village+ P.O.- Sondiha, P.S.- Pasraha, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Pasraha P.S. Case No. 105 of 2017 registered for offence punishable under section 414 of the Indian Penal Code.

On secret information, the police conducted raid at the house of Sahdeo Sah and apprehended him. A stolen motor cycle was recovered from the courtyard of said Sahdeo Sah and he confessed his complicity in the above crime and disclosed the name of other co-accused Akhilesh Kumar who was apprehended and the said Akhilesh Kumar disclosed the name of this petitioner and two others namely Kundan Kumar and Manjesh. Out of them, Kundan Kumar has been allowed regular bail by one of the coordinate Bench of this Court in Cr. Misc. No. 1774 of 2018 on

Patna High Court Cr.Misc. No.63423 of 2017 (2) dt.15-01-2018 2/2 11.01.2018 and co-accused Manjesh Kumar has also been allowed anticipatory bail by this Court in Cr. Misc. No. 8 of 2018 on 15.01.2018. The petitioner is in custody since 24.10.2017 having clean antecedent.

Considering the nature of allegation, facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Pasraha P.S. Case No. 105 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) If the petitioner is found in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T