Pukar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77702 of 2018 Arising Out of PS. Case No.-12 Year-2006 Thana- KURTHA District- Jehanabad ====================================================== Pukar Yadav Son of Antu Yadav Resident of Village-Gokkhulpur,P.s. Kurtha,Distt.-Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Trial No.1294 (A) of 2018 arising out of Kurtha P.S. Case No. 12 of 2006 registered for the offence punishable under Sections 414, 467, 471, 472 and 473 of the Indian Penal Code.

Allegation against the petitioner is selling of one stolen motorcycle to co-accused Vishwanath Das.

It has been submitted that after investigation, police had submitted final form against the petitioner, however, the court below differing with the opinion of the Investigating Officer has taken cognizance against the petitioner. It has been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the co-accused Vishwanath Das and except the said confessional statement,

Patna High Court Cr.Misc. No.77702 of 2018(3) dt.08-01-2019 2/2 there is no any other incriminating material against the petitioner. Petitioner has no criminal antecedent and he is in custody since 21.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal, in connection with Trial No.1294 (A) of 2018 arising out of Kurtha P.S. Case No. 12 of 2006, 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, 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) Sanjay/- U T