Allowed

Vinod Kumar Yadav v. The State of Bihar

Patna HC12 Aug 2022CR. MISC./26138/2022

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to two petitioners consecutively charged with robbery under Section 394 IPC. Considering their custody duration and lack of recovery, the court imposed standard conditions including sureties and appearance requirements.

What did the court decide?

Release of petitioners on bail with bond of Rs. 10,000 each and two sureties under specified conditions.

Vinod Kumar Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26138 of 2022

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Arising Out of PS. Case No.-386 Year-2020 Thana- RAJAON District- Banka

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======================================================

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Vinod Kumar Yadav S/o Shravan Yadav R/o village- Nayatola, Jurabagnj, P.S.- Korha, District- Katihar

¶5

Munna Gwala S/o Sharma Gwala R/o village- Phota Pokhar, P.S.- Rajganj, District- Jalpaiguri, West Bengal

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s : Mr.Madan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 12-08-2022 Heard learned counsel for the petitioners and learned

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APP for the State in Virtual Court Proceeding.

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Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

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The petitioners are in custody in connection with Rajoun P.S. Case No. 386 of 2020 under section 394 of the Indian Penal Code.

¶17

The allegation against the two petitioners herein is/are that when the informant along with his driver was returning home on his tractor after selling bamboos, the two accused on a motorcycle came and obstructed the tractor and thereafter on gun point snatched Rs. 48,200/- from him. One of

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Patna High Court CR. MISC. No.26138 of 2022(2) dt.12-08-2022 2/3

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the co-accused has also opened fire which hit his leg. As his driver fled away, the accused persons decamped with the aforesaid amount.

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Learned counsel for the petitioners submit that during the investigation only because of the fact that they have criminal antecedents, the police implicated them in this case, although, there is no recovery from the possession of either of the two petitioners. It has further been submitted that despite the fact that they have been remanded and are in custody since 24.3.2021 (as stated in para-9 of the bail application), no TIP has been done.

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Considering the aforesaid fact that the petitioners are in custody since 24.3.2021, no TIP has been done as per the submission/statement of the learned counsel for the petitioners and nothing has been recovered from their possession of the petitioners, this Court is inclined to grant him the privilege of bail with conditions in view of the fact that they have criminal antecedents.

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Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Banka, in connection with Rajoun P.S.

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Patna High Court CR. MISC. No.26138 of 2022(2) dt.12-08-2022 3/3

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Case No. 386 of 2020 subject to the following conditions:

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(i) one of the bailors should be the family members of the petitioners, who shall provide official document to show their bona fide;

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(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of bail by the Trial Court itself;

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(iii) they shall appear before the concerned police station every fortnight for next six months to mark his presence;

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(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

¶29

With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

Ravi/-

U T

Vinod Kumar Yadav v. The State of Bihar

Case brief

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Vinod Kumar Yadav v. The State of Bihar

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