Yugal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39445 of 2020 Arising Out of PS. Case No.-392 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== YUGAL KUMAR son of Devendra Rai @ Devendra Ray Resident of Village- Gonwan, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Naubatpur PS Case No. 392 of 2019 registered under Sections 394 and 307 of the IPC. The allegation is that the informant was travelling with his relative on a truck when three unknown persons have assaulted him and took away their mobile phones and some cash. Learned Counsel for the petitioner submits that the petitioner is now in custody since 17.7.2019. His implication in the instant case is based on statement of co-accused, having no evidentiary value whatsoever. There is no recovery of any incriminating material from the petitioner. He has no criminal antecedent and after his implication in this case he has been implicated in Naubatpur PS Case No. 471 of 2019.

Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.39445 of 2020(2) dt.12-02-2021 2/2 Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named 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 ACJM II, Danapur, Patna in Naubatpur PS Case No. 392 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T