Chhotu Yadav @ Chottu Yadav @ Sujit Kumar @ Sugit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81036 of 2019 Arising Out of PS. Case No.-302 Year-2019 Thana- RAMPUR District- Gaya ====================================================== CHHOTU YADAV @ CHOTTU YADAV @ SUJIT KUMAR @ SUGIT KUMAR Son of Late Shiv Bachan Yadav Resident of Village - Rampur, P.S.- Rampur and Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Rampur P.S. Case No. 302 of 2019 registered under Sections 452, 386, 387, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that in the present case the allegation against the petitioner is that he had been accompanying the co-accused Prem Yadav in intoxicated condition and had snatched away a sum of Rs. 8000/- from the shop of the informant. It is submitted that the allegations are false and the co-accused Prem Yadav has been granted privilege of anticipatory bail by learned coordinate Bench of this court in

Patna High Court CR. MISC. No.81036 of 2019(2) dt.07-01-2020 2/3 Cr. Misc. No. 81280/2019 vide order dated 18th December, 2019.

It is further submitted that although there are two cases against the petitioner as stated in paragraph 3 of the application but in those cases he is on bail. Learned A.P.P. for the State has opposed the prayer for bail submits that there are allegations against petitioner of snatching away Rs. 8000/- from the shop of the informant. However learned A.P.P. does not dispute that the thrust of the allegation is against the co-accused Prem Yadav who has been granted anticipatory bail by learned coordinate Bench of this court.

Considering the facts and circumstances of the case where in it appears that the co-accused Prem Yadav has been granted privilege of anticipatory bail by learned coordinate Bench of this court and that in other two cases the petitioner is said to be on bail, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Rampur P.S. Case No. 302 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as

Patna High Court CR. MISC. No.81036 of 2019(2) dt.07-01-2020 3/3 under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

While issuing the order of release, the learned court below shall verify that the statement made on behalf of the petitioner that he is on bail in other two cases are correct. The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T