Yogendra Chaudhary @ Gonga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26831 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Yogendra Chaudhary @ Gonga, son of Late Birju Chaudhary, Resident of Village- Gosai- Bigha, P.S.:- Akbarpur, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Nawada Town P.S.Case No.3 of 2017, registered for offences punishable under Sections 25(I-B)a, 26 and 35 of the Indian Penal Code. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner or from the house of the petitioner and his name transpired during the course of confessional statement of the co-accused. Further submission is that the petitioner is accused in two other cases also but he is on bail in both the cases. The petitioner is in custody for about five months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.26831 of 2017 (2) dt.11-07-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Nawada in connection with Nawada Town P.S.Case No.3 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) In future, if his active participation is found in similar type of cases, his bail bond shall automatically be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T