Sikendar Kumar Yadav @ Sikendra Yadav Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha, Advocate For the Opposite Party/s : Mr.Murli Dhar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 22-02-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks regular bail in connection with Singheshwar P.S. Case No. 31/2023 lodged on 08.02.2023 under Section 392 of the Indian Penal Code.

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As per the prosecution case, the FIR has been lodged against two unknown accused persons with an allegation of committing robbery of a pickup van, cash and mobile phone etc.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name has figured in this case only by virtue of confessional statement of co-accused namely, Ajit Kumar. Neither any incriminating article has been

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Patna High Court CR. MISC. No.10996 of 2024(2) dt.22-02-2024 2/3

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recovered from the possession of the petitioner nor the petitioner has been put on the Test Identification Parade. The petitioner is in custody since 11.09.2023 and is accused in two more criminal cases, in which he is on bail.

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Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned JM 1^st Class, Madhepura, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

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Patna High Court CR. MISC. No.10996 of 2024(2) dt.22-02-2024 3/3

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bonds by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned

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police station every month for one year to mark attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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

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The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-

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(i)Shankarpur P.S. Case No. 3/2023

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(ii) Shankarpur P.s. Case No. 6/2017

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(Dr. Anshuman, J)

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Ashwini/-

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U T

Sikendar Kumar Yadav @ Sikendra Yadav v. The State of Bihar

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Sikendar Kumar Yadav @ Sikendra Yadav v. The State of Bihar

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