Bawna Yadav @ Bauna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50853 of 2018 Arising Out of PS.Case No. -25 Year- 2016 Thana -DULHIN BAZAR District- PATNA ====================================================== BAWNA YADAV @ BAUNA YADAV S/o Sri Chanarik Yadav @ Chandrika Yadav, R/o Vill.- Sangat Par, P.S.- Jehanabad, DistrictJehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Sharan, Adv. For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Dulhin Bazar P.S. Case No. 25/2016, registered for the offence punishable under Section 395 and 397 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is that while the informant (driver) and Khalasi were coming after unloading the goods, all the accused persons came on Sumo Victa vehicle, looted the truck and other article on the point of gun and also injured the informant and Khalasi. It has been submitted that petitioner has falsely been implicated in this case. F.I.R. is against unknown. Nothing has been recovered from the possession of petitioner. No test

Patna High Court Cr.Misc. No.50853 of 2018 (3) dt.19-11-2018 2/2 identification parade has been held till date. Petitioner has been remanded in this case since 20.11.2017.

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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 25/2016, subject to the 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.

(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) Vinita/- U T