Prabhakar Yadav @ Pandav Kumar @ Mukesh @ Prabhakar Kumar @ Pandav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67993 of 2019 Arising Out of PS. Case No.-489 Year-2019 Thana- BANKA District- Banka ====================================================== Prabhakar Yadav @ Pandav Kumar @ Mukesh @ Prabhakar Kumar @ Pandav Son of Raju @ Raj Kishore Yadav @ Raju Yadav Resident of VillageChakkadih, P.S. and District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Banka P.S. Case No. 489 of 2019, registered for the offences punishable under Sections 414/34 of the Indian Penal Code.

As per the FIR, one stolen motorcycle is said to have been recovered from the house of petitioner.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Co-accused Gajadhar Yadav @ Gajjo Yadav had given the said motorcycle to the petitioner to keep the same in his house for sometime. Three more cases of similar nature is pending against the petitioner, in all these cases, petitioner is on bail. Charge-sheet has already been submitted and there is no

Patna High Court CR. MISC. No.67993 of 2019(3) dt.29-01-2020 2/2 allegation of tampering with the evidence against this petitioner. Petitioner is in custody since 16.07.2019.

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 the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 489 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T