Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14722 of 2021 Arising Out of PS. Case No.-233 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sonu Yadav aged about 31 years Male, S/O Late Baban Yadav R/O VillageSrirampur, P.S- Krishnabarhm, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh Advocate For the Opposite Party/s :

Ms Veena Rani Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-07-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Udwantnagar PS Case No. 233 of 2018, instituted for the offence under Section 395 of the Indian Penal Code.

Three unknown persons have assaulted and looted the belongings of the informant and his friends who were on their way home.

The learned counsel for the petitioner submits that based on the statements of co-accused Umesh Yadav, his name has

Patna High Court CR. MISC. No.14722 of 2021(2) dt.27-07-2021 2/2 been dragged in this case. There is no recovery of any incriminating material from possession of petitioner and he has not been put on Test Identification Parade. He is in custody since 06.12.2020 though he has no criminal antecedents and coaccused Pappu Yadav has been allowed bail vide order dated 29.10.2018, passed in Cr. Misc. No. 57341 of 2018. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Bhojpur at Ara, in connection with Udwantnagar PS Case No. 233 of 2018, 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 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) shyambihari/- U T