Shekhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.995 of 2018 Arising Out of PS. Case No.-300 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== Shekhar Yadav, Son of Late Mukh Lal Yadav, Resident of Village- Jurabganj, Gerabari, P.S.- Kordha, District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 19.09.2017 in connection with Dalsingsarai P.S. Case No. 300 of 2017 registered for the offence punishable under Sections 379, 511 and 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that the petitioner was caught along with stolen motorcycle, who was waiting near the bank premises and confessed that he used to take away the cash, which was taken out by the customers from the bank. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.995 of 2018(3) dt.12-02-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and that the petitioner has a clean antecedent. However, learned A.P.P. for the State opposes the prayer for bail stating therein that five months back, motorcycle of one Dilip Rai, resident of Saran district was stolen, which was found in possession of the petitioner, although number has been changed.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No. 300 of 2017, subject to the condition that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable

Patna High Court Cr.Misc. No.995 of 2018(3) dt.12-02-2018 3/3 properties, who will file affidavit stating their relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T