Patna High CourtCR. MISC./29083/2018bail granted

Uttam Kumar @ Uttam Yadav v. The State Of Bihar

2018-07-16Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29083 of 2018 Arising Out of PS. Case No.-97 Year-2017 Thana- WARISNAGAR District- Samastipur ====================================================== Uttam Kumar @ Uttam Yadav, son of Pragash Rai, Resident of VillageAngoha, P.S. Katara, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Warishnagar P.S. Case No.97 of 2017 registered under Sections 399, 402 and 414 of the Indian Penal Code read with Sections 25(1-b)AAA/26/35 of the Arms Act.

Allegation is of making plan for committing dacoity and there is recovery of a country made carbine and nine live cartridges from possession of the petitioner. Learned counsel for the petitioner submits that petitioner has remained in custody one year and two months and after framing of the charge, there is no substantial progress in the trial and other co-accused were granted bail by co-ordinate Benches of this Court vide orders dated 19.08.2017 and

Patna High Court Cr.Misc. No.29083 of 2018(4) dt.16-07-2018 2/2 22.02.2018 passed in Cr. Misc. Nos.38461 of 2017 and 7442 of 2018.

Having considered the aforesaid facts and circumstances, petitioner Uttam Kumar @ Uttam Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Warishnagar P.S. Case No.97 of 2017 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T