Gajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66424 of 2019 Arising Out of PS. Case No.-269 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Gajendra Yadav aged about 35 years, Male, Son of Jogay Yadav Resident of Village-Kupriya, P.S-Tribeniganj, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

20-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Tribeniganj P.S. Case No. 269 of 2018 registered for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., his name has come only in the confessional statement of co-accused Ganesh Yadav. He further submits that co-accused Ganesh Yadav has already been granted bail by this Court, vide order dated 06.11.2018 passed in Cr.Misc. No. 65759 of 2018. He further submits that in this case, chargesheet has already been submitted, and as such, there is no chance of tampering with the evidence. The petitioner is in custody since 28.06.2019.

Considering the aforesaid facts and circumstances as well as considering the fact that co-accused has already been

Patna High Court CR. MISC. No.66424 of 2019(3) dt.20-11-2019 2/2 granted bail by this Court, let the above named petitioner 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 learned Additional Chief Judicial Magistrate Ist, Supaul in connection with Tribeniganj P.S. Case No. 269 of 2018 on the following conditions:

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

(2) Petitioner shall cooperate 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.

(3) 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.

(Prabhat Kumar Singh, J.) anay U T