Om Prakash Yadav @ Aam Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41077 of 2020 Arising Out of PS. Case No.-12 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== Om Prakash Yadav @ Aam Prakash Yadav son of Suraj Narayan Yadav @ Sury Narayan Yadav Resident of Village- Navtol, P.S.- Phulparas, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Shubham, Adv.
For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with S.T. No.486 of 2019 arising out of Ghoghardiha P.S. Case no. 12 of 2019 (G.R. no.199 of 2019) registered under sections 399, 400, 401 and 120B of the Indian Penal Code.
As per allegation in the F.I.R., on information having been received that accused Raman Yadav was going to give effect to an occurrence, a raid was conducted and he was arrested. It is stated that Raman Yadav named a number of persons including the petitioner herein as his accomplice. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.41077 of 2020(2) dt.16-03-2021 2/3 that except for the name of the petitioner transpiring on the confessional statement of a co-accused made before the police, there is no other material against him. The aforesaid Raman Yadav has been enlarged on bail vide order dated 25.9.2019 passed in Cr.Misc.no.47985 of 2019. The petitioner is in custody since 15.7.2019.
The application for bail is opposed by learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation, grant of bail to co-accused Raman Yadav and the period in custody, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with S.T. No.486 of 2019 arising out of Ghoghardiha P.S. Case no. 12 of 2019 (G.R. no.199 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge, Jhanjharpur, District Madhubani.
It is further directed that the petitioner shall cooperate in the trial and in case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the
Patna High Court CR. MISC. No.41077 of 2020(2) dt.16-03-2021 3/3 bail bond of the petitioner and take him into custody till conclusion of the trial.
Bibhash/- (Partha Sarthy, J) U T