Prince Kumar @ Dablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19999 of 2017 Arising Out of PS.Case No. -351 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Prince Kumar @ Dablu Yadav, Son of Nand Kishor Yadav, resident of Village- Barsam, Police Station- Sourbazar, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 17-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhepura P.S. Case No.351 of 2014/G.R. Case No.1392 of 2014 registered under Sections 399, 402 and 414 of the Indian Penal Code besides Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that one Mantosh Kumar alias Mister was apprehended by the police with the motorcycle, who disclosed the name of his associates including the petitioner, who succeeded in fleeing away. Except that, there is nothing against the petitioner to connect him in the commission

Patna High Court Cr.Misc. No.19999 of 2017 (6) dt.17-08-2017 2/3 of the alleged offence. Further submission is that no incriminating articles were recovered from the possession of the petitioner. The petitioner is accused in nine other cases, as detailed in paragraph3 to this application, due to that reason, the police implicated the petitioner in this case falsely. The petitioner is in custody since one and half year but uptil now, the trial of the petitioner has not commenced.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.351 of 2014/G.R. Case No.1392 of 2014. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case during the course of the trial. If the petitioner fails to attend the trial court on two consecutive dates, during the course of the trial, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail

Patna High Court Cr.Misc. No.19999 of 2017 (6) dt.17-08-2017 3/3 bonds of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T