Sushil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79547 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- ALOULI District- Khagaria ============================================== SUSHIL YADAV Son of AKalu Yadav Resident of Village- Bahore Chak (Vijaylakh), P.S.- Bakhri, District - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2021 Heard Mr. Umesh Kumar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Alauli P.S. Case No. 151 of 2018 which was initially instituted for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act but later on the application by the I.O. of the case, Section 395 of the Indian Penal Code was substituted in place of Section 392 of the Indian Penal Code. Learned counsel for the petitioner has submitted that he has not been named in the F.I.R. but only because

Patna High Court CR. MISC. No.79547 of 2019(4) dt.24-03-2021 2/3 one motorcycle belonging to his father was found at the place of occurrence, he has been made accused in this case. Nothing has been recovered form the possession of the petitioner.

Three motorcycles are said to have been recovered from the place of occurrence.

Learned counsel for the petitioner, therefore, submits that the occurrence took place in a different manner but the police has been groping in the dark.

One of the accused persons of this case has been granted bail by a Bench of this Court.

Considering the afore-noted facts and the nature of accusation against the petitioner as also taking into account that the petitioner has no criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class,

Patna High Court CR. MISC. No.79547 of 2019(4) dt.24-03-2021 3/3 Khagaria, in connection with Alauli P.S. Case No. 151 of 2018, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

However, the petitioner is directed to participate in the proceedings of the case and any effort on his part to evade the proceedings of the case shall render his bail liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T