Yoganand Kumar Roy @ Joganand Ray @ Yoganand Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25317 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== Yoganand Kumar Roy @ Joganand Ray @ Yoganand Roy, aged 22 years, Male, Son of Phoolchand Roy, Resident of Village - Nathpur, P.S.- Narpatganj, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Narpatganj P.S. Case no. 392 of 2018, registered under Sections 25(1-b)a and 26 of the Arms Act.

Some accused persons are said to have assembled at the petrol pump to commit crime and on arrival of the police they started escaping, however the police apprehended four of them while one succeeded to escape and recovered two live

Patna High Court CR. MISC. No.25317 of 2019(2) dt.19-04-2019 2/3 cartridges and a mobile phone from their possession. Name of the petitioner surfaced in the case on the basis of the disclosure made by the apprehended accused namely Ripun Kumar. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. He was not apprehended on the spot. He is not named in the F.I.R. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of the coaccused Ripun Kumar which has no evidentiary value in the eye of law. He has no criminal antecedent barring one case i.e. Narpatganj P.S. Case No. 391 of 2018 which was lodged regarding the same occurrence under Sections 399 and 402 of the Indian Penal Code.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in

Patna High Court CR. MISC. No.25317 of 2019(2) dt.19-04-2019 3/3 connection with Narpatganj P.S. Case no. 392 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T