Narendra Kumar @ Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6009 of 2016 Arising Out of PS.Case No. -71 Year- 2013 Thana -SHYAMPUR BHATHA District- SHEOHAR ======================================================

1. Narendra Kumar @ Nagendra Yadav, Son of Bindeshwar Rai, Resident of Village- Banjariya, P.S.- Madhuban, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Shyampur Bhatha P.S. Case No. 71 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 332, 333, 307, 393, 353, 427, 504 of the Indian Penal Code. Allegedly, about 100 miscreants surrounded the vehicle of the informant and other Police personnel, dragged the police personnel from the vehicle and after snatching the arms started assaulting them with feet and fat and further started damaging the arms. Thereafter, they damaged the vehicle and some were saying to kill the informant and other police personnel. Out of those miscreants Ashok Yadav and Prince Kumar were named as per call made by the accused persons. During investigation other

police personnel stated that the name of the petitioner was also being called.

Submission is of false implication and that naming of the petitioner appears not probable and reliable, there is no eye witness who can say that the petitioner was involved in the crime, without any legal and tangible material the petitioner is suffering in custody since 26.12.2015 and he has not been put on test identification parade.

Learned APP submits that the petitioner has criminal antecedent also.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhatha P.S. Case No. 71 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on

his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T