Kundan Yadav @ Kundra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2297 of 2018 Arising Out of PS.Case No. -152 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Kundan Yadav @ Kundra Yadav, son of Vyasadev Choudhary @ Bayasdeo Yadav, resident of Village-Bhim Kitta, P.S.-Madhusudanpur, DistrictBhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 02.11.2017 in connection with Nath Nagar (Madhusudanpur) P.S. Case No.152 of 2017 registered for the offence under Sections 147, 149, 341, 342, 323, 379, 386, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R., the main reason for his implication is that he is the tenant of the mother of the informant and the informant has been objecting to his presence. It is further submitted that even the brother of the informant has been made an accused in the present case. He further submits that when he came to know about the case, the petitioner
Patna High Court Cr.Misc. No.2297 of 2018 (2) dt.12-01-2018 2/3 himself surrendered on 02.11.2017 and is willing to co-operate in the investigation or the trial, as and when initiated. Considering the aforementioned facts and circumstances and that, admittedly, no ransom money has been paid to the petitioner and he has no criminal antecedents, 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 Additional Chief Judicial Magistrate-I, Bhagalpur, in connection with Nath Nagar (Madhusudanpur) P.S. Case No.152 of 2017, subject to the following conditions:
(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself
Patna High Court Cr.Misc. No.2297 of 2018 (2) dt.12-01-2018 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T