Yogi Miya @ Dadhi Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28758 of 2021 Arising Out of PS. Case No.-36 Year-2018 Thana- NAURANGIA District- West Champaran ====================================================== YOGI MIYA @ DADHI MIYA S/o- Late Rojdin Miya Resident of VillageBabu, Parsauni, P.S.- Chautarwa, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 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 registered for the offence punishable under sections 364A/34 and 120B of the Indian Penal Code.

As per prosecution case, this petitioner along with two other accused persons are alleged to have abducted the brother of the informant and this petitioner is alleged to have demanded rupees one lac as ransom.

It is submitted on behalf of petitioner that petitioner has not abducted the victim and name of the petitioner has come on the basis of confessional statement of co-accused. It is further submitted that co-accused Yogendra Yadav who had come for collecting the amount of ransom and caught while abducting the brother of the informant has already been granted bail by this court vide annexures 2 and 3 to

Patna High Court CR. MISC. No.28758 of 2021(2) dt.12-08-2021 2/2 this petition. Petitioner has not been put on T.I. Parade and he is in custody since 13.01.2021.

Learned counsel for the State opposes the prayer for bail. Considering the period of custody and the fact that coaccused persons having similar and identical allegation have already been granted bail by this court vide annexures 2 and 3, 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 Sri Pramod Sharma, Judicial Magistrate, Ist Class, Bagaha, District West Champaran in Naurangiya P.S. Case no. 36/2018 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