Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70664 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Bijendra Yadav S/o- Surat Lal Yadav, resident of Village- Laharniya, P.S.- Triveniganj, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Triveniganj P.S. Case No. 142 of 2018 registered for the offences punishable under Section 394 of the Indian Penal Code.

Informant has alleged that while he was returning on his motorcycle three criminals intercepted him and snatched away his motorcycle and mobile on the strength of arms. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. The name of petitioner has surfaced in this case on the basis of one looted mobile being recovered from the possession of Rakesh Kumar and was using it and it has come that he had conversation with petitioner from said mobile and on said basis

Patna High Court Cr.Misc. No.70664 of 2018(2) dt.10-12-2018 2/2 petitioner has been made accused in this case. Nothing has been recovered from the possession of the petitioner and he is in custody since 08.07.2018. Petitioner is accused in one more case under Section 392 of the Indian Penal Code.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Supaul, in connection with Triveniganj P.S. Case No. 142 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/Manoj U T