Udal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45878 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- KARPI District- Jehanabad ====================================================== UDAL KUMAR YADAV SON LF LATE RAMDEEP YADAV VILLAGE - BHALUWAR PS- UPAHARA DISTRICT -AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Karpi P.S. case No. 97 of 2024 instituted for the offences under Sections 386, 387, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the five unknown miscreants armed with weapons came at the brick kiln of the informant and snatched the mobile phones from the labourers and threatened of dire consequences. It is further alleged that the accused persons have earlier demanded ransom from the informant and are the members of Maobaadi Communist Party. It is further alleged that they threatened the informant that if the ransom is not paid, they would kill the informant as well as

Patna High Court CR. MISC. No.45878 of 2024(2) dt.03-07-2024 2/3 labourers.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of police spy during investigation. Learned counsel further submits that one mobile phone has been recovered from the house of the petitioner. Learned counsel further submitted that in fact the said mobile phone was purchased by the petitioner from co-accused Mukesh Kumar who is his distant relative and he had no knowledge that the said mobile phone was a looted article. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.05.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Court

Patna High Court CR. MISC. No.45878 of 2024(2) dt.03-07-2024 3/3 below/concerned Court in connection with Karpi P.S. case No. 97 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(IV) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T