Yogendra Kumar @ Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23179 of 2020 Arising Out of PS. Case No.-594 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Yogendra Kumar @ Yogendra Yadav S/o Sharwan Yadav Resident of VillageKodihara, P.S.-Masaurhi, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Atul Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Jehanabad (Karauna) P.S. Case No. 594 of 2019, registered for the offence under Section 395 of the Indian Penal Code.

As per the prosecution case, on 25-07-2019 at about 1:30 PM, while the informant was coming on motorcycle from Nadaul to Jehanabad with cash amount of Rs. 1,12,150/- in a bag, he was intercepted by five accused persons on motorcycles and they started assaulting him and thereafter, one of them snatched his bag and key of motorcycle.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of the petitioner has come on the confessional statement of co-accused Rahul Kumar, who has

Patna High Court CR. MISC. No.23179 of 2020(3) dt.02-11-2020 2/2 already been granted bail by this Court, vide order dated 02-06-2020 passed in Cr.Misc. No. 16614 of 2020. It is further submitted that no incriminating article has been recovered from the possession of the petitioner. Till date, no TIP has been held. The petitioner is in custody since 21-01-2020. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named 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 learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Karauna) P.S. Case No. 594 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled 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.) anay/- U T