Indal Kumar @ Indal Yadav @ Indal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47412 of 2022 Arising Out of PS. Case No.-73 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== INDAL KUMAR @ INDAL YADAV @ INDAL KUMAR YADAV S/oRamanand yadav @ Ramu Yadav Resident of Village- Ratan, P.S.- Bakhari, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2022 Heard Mr. Rakesh Kumar No. 1, learned Advocate for the petitioner and Mr. Ganesh Prasad Singh for the State.

The petitioner seeks bail in connection with Naokothi P.S. Case No. 73 of 2020 dated 30.05.2020 instituted for the offences under Sections 302, 307, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner, though only a member of the mob, is not attributed with any positive role. He is in custody since 20.10.2020.

The learned counsel for the petitioner has submitted that after the framing of the charge, not a single witness has been examined up till now and

Patna High Court CR. MISC. No.47412 of 2022(2) dt.16-12-2022 2/2 therefore the trial is not likely to be concluded in near future. The petitioner though has been made accused in seven cases in the past but in six of them, he is on bail. Considering the period of custody of the petitioner, no specific role having been assigned in this case on him and that no witness has been examined up till now, notwithstanding the fact that the period of custody is from 20.10.2020 in this case, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge II, Begusarai in connection with Sessions Trial No. 443 of 2021 arising out of Naokothi P.S. Case No. 73 of 2020.

However, it is cautioned that if the petitioner does not participate in the trial or makes any attempt to intimidate the witnesses or tamper with the evidence, it would be open for the informant/prosecution or the I.O. to initiate proceedings for cancellation of bail granted to him.

(Ashutosh Kumar, J) krishna/- U T