Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28851 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== GUDDU YADAV S/O LATE BISHUN YADAV R/o village- Aliganj Gangti, P.S.- Babarganj (Mojahidpur), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case initially registered for the offence punishable under section 392 of the Indian Penal Code and later on sections 395, 412 IPC were also added. As per prosecution case, four accused persons entered into the house of the informant, assaulted family members and looted cash and ornaments from the house and fled away. However, informant identified one of the accused by voice as Ravi Sah It is submitted that petitioner is not named in the FIR and name of the petitioner has come on the basis of confessional statement of co-accused Ravindra Yadav. No incriminating article has been recovered from the possession of the petitioner

Patna High Court CR. MISC. No.28851 of 2021(2) dt.12-08-2021 2/2 and till date he has not been put on T.I. Parade. Petitioner has got clean antecedent and is in custody since 19.09.2020. Learned counsel for the State opposes the prayer for bail.

Considering the period of custody and clean antecedent, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge X, Bhagalpur in Sessions trial no. 75/2021 arising out of Mojahidpur P.S. Case no. 200/2020 on the following conditions.

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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) s.hassan/- U T