Amit Yaduvanshi @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16975 of 2020 Arising Out of PS. Case No.-366 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== AMIT YADUVANSHI @ GUDDU Son of Ashok Yadav Resident of Village - Sahpur, P.S.- and Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR was lodged on recovery of dead body of the son of the informant. Some others are named in the FIR as suspects to have committed the crime. The petitioner is not named in the FIR. The name of the petitioner surfaced during investigation in the confessional statement of co-accused. Besides the aforesaid, there is no other evidence against the petitioner. The petitioner is in custody since 05.11.2019.

Patna High Court CR. MISC. No.16975 of 2020(3) dt.28-08-2020 2/2 Investigation of the case is already complete. There is no material to substantiate that petitioner is going to tamper with the evidence nor there is chance of early trial due to Covid effect.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Saharsa Sadar P.S. Case No.366 of 2019 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T