Yogendra Yadav @ Jogindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78537 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== Yogendra Yadav @ Jogindra Yadav Son of Late Lakho Yadav @ Lakhan Yadav, Resident of Village- Fajilpur, P.S.- Beerpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rai Mukesh Sharma For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Beerpur P.S. Case No. 45 of 2018 registered for the offence punishable under Sections 363 and 370 of the Indian Penal Code.

Informant has alleged that on 06.04.2018 at about 5:00 P.M. in the evening the petitioner came at his house and took his son Rahul Kumar on his truck. Next day he asked from the petitioner that where was his son then he disclosed that he dropped his son at village Fajilpur. He suspected that his son has been sold or killed by the accused person.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to enmity and local village politics. It has further been submitted that son of the informant is insane and since 06.04.2018 he is

Patna High Court Cr.Misc. No.78537 of 2018(2) dt.29-01-2019 2/2 missing from his house but the informant has lodged FIR after delay of one month. Petitioner has no criminal antecedent and he is in custody since 03.10.2018.

Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Begusarai, in connection with Beerpur P.S. Case No. 45 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T