Karn Kumar Yadav @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6002 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- LADANIA District- Madhubani ====================================================== Karn Kumar Yadav @ Karu, Son of Kapileshwar Yadav, Resident of VillageSant Nagar, P.S-Lalamaniya, District-Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.Aditya Narain Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 395, 170, 34 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have assaulted the informant and others and also looted cash, mobile etc. from them. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner and there is no specific overt act against him. The petitioner is languishing in judicial custody since 26.07.2020. The petitioner has got 02 criminal antecedents

Patna High Court CR. MISC. No.6002 of 2021(4) dt.12-08-2021 2/3 which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted bail by different coordinate Benches of this Court vide order dated 23.06.2021 passed in Cr. Misc. No.8028/2021 and order dated 09.08.2021 passed in Cr. Misc. No.7865/2021.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the fact that similarly situated co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Ladaniya P.S. Case No. 148/2020 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the following conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present

Patna High Court CR. MISC. No.6002 of 2021(4) dt.12-08-2021 3/3 case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T