Krishna Yadav @ Jairam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77880 of 2018 Arising Out of PS. Case No.-335 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Krishna Yadav @ Jairam Yadav Son of Chandrama Yadav, Resident of Village - Tarila, P.S. - Hasanpura, Distt. - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjay Nath Tiwari, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gaurichak P.S. Case No. 335 of 2018 registered for the offence punishable under Sections 406 and 34 of the Indian Penal Code.

Informant has alleged that he had taken the service of transport company for carrying wheat from Beldarichak to Jhulagarh but the same never reached its destination and subsequently it was found that the truck was found lying in abandoned condition without any goods. Allegation against petitioner is that he is driver of the truck and has misappropriated the goods of informant in conspiracy with other co-accused.

It has been submitted on behalf of the petitioner that he is the driver of the said vehicle and has been falsely implicated in this case. Petitioner is in custody since 27.10.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77880 of 2018(2) dt.04-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Gaurichak P.S. Case No. 335 of 2018, with following 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 and shall remain physically present as directed by the Court and 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 of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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