Ricky Kumar Yadav @ Riki Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66470 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Ricky Kumar Yadav @ Riki Kumar Yadav, Son of Raj Kumar Yadav, Resident of Village- Sahganj, P.S.- Laheriasarai (Beta O.P.), DistrictDarbhanga, at resident of native Village- Sita Kela, Saybhu, Bhagak, DisttKathmandu. .. ... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through the Commissioner Passpoth Department. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Laheriasarai P.S. Case No. 71 of 2018 registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code and under Section 12(ii), (1-A), (a) of Passport Act, 1967. Informant who is a police officer has alleged that on 16.02.2018 he went for police verification on an application seeking passport by petitioner and found that he is a citizen of Nepal and had applied for passport as an Indian citizen. It has been submitted on behalf of the petitioner that he is innocent. He has been falsely implicated in this case. He went to Nepal to earn his livelihood. He is a driver and has a driving license issued by District Transport Officer, Darbhanga.

Patna High Court Cr.Misc. No.66470 of 2018(3) dt.22-11-2018 2/2 He was residing in Mohalla Shaganj Ward No. 35 and has residential certificate which was issued by Ward member of Ward No. 35. He has no criminal antecedent. He is in custody since 09.08.2018.

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 Chief Judicial Magistrate, Darbhanga in connection with Laherisarai P.S. Case No. 71 of 2018 with following 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, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/ManojU T