Shiv Kumar Yadav @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63979 of 2018 ====================================================== Shiv Kumar Yadav @ Sanjay Yadav, Son of Yamuna Yadav @ Prakash Yadav, resident of Village- Naya Tola, P.S. - Korha, District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mrs. Babita Kumari, Adv. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Aurangabad Town P.S. Case No. 183/2018, registered for the offence punishable under Section 414 of the Indian Penal Code.

Informant alleged that on 15.06.2018, while he along with other police officials during checking arrived at the State Bank of India near Ramesh Chowk they saw a black Pulsor motorcycle and two people were sitting on it. After seeing the police party, they tried to flee away, but were apprehended and they disclosed that they are members of Kodha Gang, Katihar. It has been submitted that petitioner has falsely been implicated in this case. No incriminating material has been found

Patna High Court Cr.Misc. No.63979 of 2018 (2) dt.29-10-2018 2/2 against him. Save and except his confession before the police there is nothing against him.

Petitioner has no criminal antecedent. He is in custody since 16.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 183/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T