Yogendra Rai @ Yogender Ray v. The State Of Bihar

Patna High Court Cr.Misc. No.47699 of 2018 (3) dt.12-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47699 of 2018 Arising Out of PS.Case No. -148 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================

1. Yogendra Rai @ Yogender Ray S/o Late Baleshwar Roy, R/o Vill.- Sawar Chak, Goriyani, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Nivedita Nirvikar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 The petitioner seeks regular bail in connection with Naubatpur P.S. Case No. 148 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 324, 379, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner and other co-accused of this case is of assault to the son of informant causing his death. It has been submitted on behalf of the petitioner that from the F.I.R. itself it is evident that no allegation against the petitioner of assaulting the deceased has been levelled rather the allegation is of assaulting the deceased is attributed to co-accused of this case and although, there is allegation against this petitioner that he assaulted the informant but no injury report of informant is available on record. Further petitioner has no criminal antecedent and has been in judicial custody since 06.09.2017 and there is case

Patna High Court Cr.Misc. No.47699 of 2018 (3) dt.12-10-2018 and counter case between the parties.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 148 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T