Yoganand @ Golu @ Upendra Kumar @ Golu Kumar @ Yuganand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56036 of 2023 Arising Out of PS. Case No.-1342 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== YOGANAND @ GOLU @ UPENDRA KUMAR @ GOLU KUMAR @ YUGANAND KUMAR S/O MUNNA PODDAR RESIDENT OF MOHALLA- MALGODOWN ROAD, P.S AND DISTRICT- KHAGARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Khagaria P.S. Case No. 1342 of 2022 registered under Sections 302/34 of the Indian Penal Code lodged on 22.12.2022 by the informant, Gaytri Devi.

As per the prosecution story, the informant has alleged that he got information about the killing of her son and daughter-in-law residing at Malgodam Road, Khagaria, went there and saw the dead body with injuries. Accordingly, the FIR. Learned counsel for the petitioner submits that during investigation, the name of the accused persons came, the petitioner included. Though, no one has seen the occurrence only on surmises and conjectures, their involvement have been shown. The further submission is that his name came in the

Patna High Court CR. MISC. No.56036 of 2023(2) dt.28-08-2023 2/3 confessional statement of Raj Kumar Prasad @ Takla and thereafter, he is in custody since 10.01.2023 (as stated in paragraph-1 of the petition). It is his further submission that the said Raj Kumar Prasad @ Takla has been granted bail in Cr. Misc. No. 34990 of 2023 vide order dated 31.07.2023 by a coordinate Bench of this Court as also some other co-accused persons have also been granted bail which have been annexed as Annexure-2 series.

Learned APP opposes the prayer for bail stating that his name has come in the confessional statement of co-accused Raj Kumar Prasad @ Takla.

Taking into account the fact that the FIR has been lodged against unknown persons, the name of the petitioner has come in the confessional statement of Raj Kumar Prasad @ Takla, who has been extended the privilege of bail as stated above, he do not have criminal antecedent and is in custody since 10.01.2023, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, IVth, Khagaria in connection with

Patna High Court CR. MISC. No.56036 of 2023(2) dt.28-08-2023 3/3 Khagaria P.S. Case No. 1342 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T