Upendra Kumar Yadav @ Upendra Kr Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13716 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== UPENDRA KUMAR YADAV @ UPENDRA KR YADAV Son of Sri Bhagwan Yadav @ Potan Yadav Resident of Village and Post - Basudhar, P.S.- Itarhi, District - Buxar (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy, Adv For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-08-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.

Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Buxar (Mufassil) P.S. Case No. 329 of 2020 registered under Sections 414 and 34 of the IPC.

Patna High Court CR. MISC. No.13716 of 2021(2) dt.11-08-2021 2/3 The petitioner claimed ownership of the stolen motorcycle which has been parked in P.C. Colony in front of the house of one Indra Shiv Narayan Singh.

Learned counsel for the petitioner submits that he was passing by the place and has been implicated falsely. It is highly unbelievable that anyone himself would claim ownership of the motorcycle knowing the same to be stolen. He is in custody since 12.10.2020 and has no criminal antecedent. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Buxar (Mufassil) P.S. Case No. 329 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.13716 of 2021(2) dt.11-08-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T