Ajit Yadav @ Ajit Kumar @ Rajeev Rai vs The State Of Bihar
2021 Latest Caselaw 1085 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31740 of 2020
           Arising Out of PS Case No.-422 Year-2020 Thana- NAWADA District- Nawada
     ======================================================

1. Ajit Yadav @ Ajit Kumar @ Rajeev Rai, Male aged about 26 years, Son of Umesh Yadav.

2. Bipin Kumar @ Kamlesh Kumar, Male, aged about 25 years, Son of Isho Yadav.

Both resident of Village- Gondapur, Police Station- Nawada Town, District- Nawada.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the State : Mr. Nagendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-02-2021

Heard Mr. Birendra Kumar, learned counsel for the

petitioners and Mr. Nagendra Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners apprehend arrest in connection with

Nawada (Town) PS Case No. 422 of 2020 dated 10.03.2020,

instituted under Sections 457/380 of the Indian Penal Code.

3. Though the petitioners are not named in the FIR, but

the allegation is that from the godown of the informant, many

electronic items including TV sets were stolen. Patna High Court CR. MISC. No.31740 of 2020 dt.22-02-2021

4. Learned counsel for the petitioners submitted that

besides having no criminal antecedent, they have been named by

co-accused from whom there has also been recovery, but from the

house of the petitioners, no recovery has been made.

5. Learned APP submitted that the co-accused has

named the petitioners.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Nawada in Nawada (Town) PS

Case No. 422 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners and the bailors shall execute

bond with regard to good behaviour of the petitioners, and (iii)

that the petitioners shall also give an undertaking to the Court that

they shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms Patna High Court CR. MISC. No.31740 of 2020 dt.22-02-2021

and conditions of the bonds or the undertaking shall lead to

cancellation of their bail bonds. The petitioners shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of their bail

bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T