Shatrudhan Yadav @ Shatrudhan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28649 of 2021 Arising Out of PS. Case No.-455 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== SHATRUDHAN YADAV @ SHATRUDHAN KUMAR YADAV Son of Late Ganga Prasad Yadav, Resident of Village- Gobrahi, P.S.- Jaynagar, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Jaynagar P.S. Case No. 455/2019 instituted for the offences under Sections 384, 506 and 34 of the Indian Penal Code. From bare perusal of the allegation as alleged in the FIR, it would manifest that on 09.09.2019 the informant received call on his mobile number asking about his whereabouts and at about 6.01 pm two persons came near M.O. Office and gave him one letter and thereafter went away towards Central Bank on Yamaha Motorcycle. It is alleged that the letter contained in the envelope was a demand for Rs. Two Lakhs and on refusal, the informant would be murdered.

Patna High Court CR. MISC. No.28649 of 2021(2) dt.23-11-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. During investigation, on the basis of confessional statement of coaccused, namely, Dinesh Kumar Yadav, he has been made accused in this case. The said co-accused has been granted bail by the learned court below, further no incriminating articles has been recovered from the conscious possession of the petitioner and there is no T.I. Parade till date. The petitioner is languishing in judicial custody since 29.06.2020 and charge sheet has been submitted in this case. The petitioner has got ten criminal antecedents, which is mentioned in para 3 of the bail petition. Learned APP for the State vehemently opposes the prayer for bail application and submits that the petitioner has several criminal antecedents.

Considering the submission of the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani, in connection with Jaynagar P.S. Case No.455/2019; with condition that the petitioner shall remain physically present in

Patna High Court CR. MISC. No.28649 of 2021(2) dt.23-11-2021 3/3 court on each and every date during trial and in the event of failure to appear on two consecutive dates, his bail bonds shall be cancelled by the learned court below.

Accordingly, this application stands allowed. (Satyavrat Verma, J) amitkumar/- U T