Yashwant Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55180 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== Yashwant Kumar Mehta, Son of Pradeep Kumar Mehta @ Pradip Kumar Mehta, Resident of Village - Bandarbella, P.S.- Padma, District- Hazaribagh, State- Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Jha, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.

The petitioner is in custody since 06.03.2019 in connection with Gobindpur P.S. Case No.19 of 2019 registered for the offence under Section 384 of the Indian Penal Code.

Learned counsel for the petitioner submits that initially the petitioner was not named in the F.I.R., but subsequently, on the basis of the statement made by a spy, the petitioner has been implicated in connection with the present case. He further submits that the name of other person has also been included. It is further submitted that one Arvind

Patna High Court CR. MISC. No.55180 of 2019(2) dt.13-09-2019 2/3 Kumar, who was also named by the same spy has since been extended the privilege of bail by this Court in Cr.Misc. No.47829 of 2019, vide order dated 01.08.2019 It is thus submitted that the petitioner, who is also similarly situated, may be released on bail.

Learned counsel for the informant, however, submits that the petitioner is not entitled to the privilege of bail as he was also part of the gang which was calling on mobile and demanded ransom money. He further submits that the petitioner has also criminal antecedents. Responding to the said allegation of having a criminal antecedent, the petitioner submits that subsequent to his arrest in connection with the present case, he was also remanded in Gobindpur P.S. Case No.21 of 2019 in which he has no connection.

Considering the fact that the similarly situated coaccused has been extended the privilege of bail and that the petitioner has only one criminal antecedent as stated in paragraph 2 of the petition, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Nawada, in

Patna High Court CR. MISC. No.55180 of 2019(2) dt.13-09-2019 3/3 connection with Gobindpur P.S. Case No.19 of 2019. (Anjana Mishra, J) PNM U T