Yuvraj Kumar @ Yuvraj Singh @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1235 of 2024 Arising Out of PS. Case No.-157 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Yuvraj Kumar @ Yuvraj Singh @ Sonu Kumar Son Of Rajeev Kumar Singh @ Rajeev Kumar @ Rajeev Singh Resident of Zemra, P.S.- Barauni, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwaria P.S. Case no. 157 of 2022, registered under sections 307,120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that while his son had gone for some work, as a result of firing resorted to on N.H-28, his son was shot and sustained gun shot injury in his back. He was taken to the hospital from where he was referred to another hospital for better treatment.

4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. Referring to the order of the learned trial Court it is submitted that name of the petitioner

Patna High Court CR. MISC. No.1235 of 2024(2) dt.18-01-2024 2/3 transpired in the confessional statement of a co-accused made before police. No specific overt act has been alleged against this petitioner who has been falsely implicated in the case because of his antecedents. Those whose orders have been brought on record as Annexure-P/2 series have been enlarged on bail. The petitioner is in custody since 22.10.2022 and undertakes to cooperate in the trail.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, contents of the order of the learned trial Court, the petitioner being in custody for more than 1 year and 2 months since 22.10.2022, charge-sheet having been submitted in the case and grant of bail to the other co-accused, the petitioner is directed to be enlarged on bail in connection with Phulwaria P.S. Case no. 157 of 2022, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Begusarai on the following conditions :-

(1) The petitioner shall remain physically present in

Patna High Court CR. MISC. No.1235 of 2024(2) dt.18-01-2024 3/3 court on each date of the trial and shall cooperate in the trial.

(2) In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into the custody till conclusion of the trial. (Partha Sarthy, J) Harsh/- U T