Vidya Sagar Yadav @ Bablu Kumar Yadav @ Bablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4014 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- ASANWA District- Siwan ====================================================== Vidya Sagar Yadav @ Bablu Kumar Yadav @ Bablu, male, aged about 28 years, S/o Sipahi Yadav Resident of Village- Sarharwa, P.S.- Darauli, DisttSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Assaon P.S. Case No. 66 of 2019 registered for the offence under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act as well as Sections 3⁄4 of the Explosive Substances Act. It was submitted on behalf of the petitioner that on the basis of confessional statement of co-accused Kundan Singh, the petitioner has falsely been implicated in this case. Except the confessional statement, no incriminating article has been recovered from the conscious possession of the petitioner. It was further submitted that petitioner is accused in one more case i.e. Zeradei P.S. Case No. 9 of 2019, in which, he is already on bail. Investigation, in the case, has already been completed and

Patna High Court CR. MISC. No.4014 of 2020(2) dt.22-01-2020 2/2 chargesheet has also been submitted, but till date, no T.I.P. has been held and petitioner is in custody since 30-09-2019. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Assaon P.S. Case No. 66 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T