Mahabir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3236 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== MAHABIR YADAV S/o Late Ram Bilash Yadav Resident Of VillageBhagwan Bigha, P.S.- Daudnagar, Distt- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 18.05.2022 in connection with Haspura P.S. Case No. 49 of 2022, F.I.R. dated 24.02.2022 for the offences punishable under Section 392 of the Indian Penal Code.
According to prosecution case, in brief, is that on 24.02.2022 the informant was going Daudnagar with his tempo to bring newspapers. At about 1.15 A.M. at Ahiyarpur More a branch of tree was on midway of road. On viewing it informant stopped his tempo and snatched Rs.3500/- and his mobile set on gun point.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in
Patna High Court CR. MISC. No.3236 of 2023(2) dt.01-05-2023 2/3 the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused namely, Rajendra Prasad. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution and except the confessional statement of co-accused Rajendra Prasad, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 18.05.2022.
The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedent other than the present one but fairly submits that petitioner is on bail in two cases as mentioned in Para-3 of the bail petition. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 S.D.J.M. Daudnagar, Aurangabad in connection with Haspura P.S. Case No.
Patna High Court CR. MISC. No.3236 of 2023(2) dt.01-05-2023 3/3
1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. 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.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T