Naveen Yadav @ Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16334 of 2021 Arising Out of PS. Case No.-396 Year-2020 Thana- RANIGANJ District- Araria ====================================================== NAVEEN YADAV @ NAVEEN KUMAR S/O BACHCHALAL YADAV R/o village- Belsara, P.S.- Raniganj, Distt.- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Raniganj P.S. Case No. 396/2020 registered for the offences punishable under Section 392 of the Indian Penal Code.

As per prosecution story, while the informant after collecting Rs. 45,500/- at Bhavendra Yadav Centre, Belsara and reached at Parsahat Belsara near Bajraha Puliya then three motorcycle borne miscreants looted away Rs. 45,500/- from the dickey of his motorcycle, Realme 6 mobile etc. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.16334 of 2021(2) dt.01-07-2021 2/3 petitioner has been falsely implicated in this case, petitioner is not named in the F.I.R. and no incriminating article has been recovered from his possession and he is in custody since 01.10.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner and the co-accused Ranjan Yadav are from the same village, petitioner has been made accused on the input of spy as it is alleged that the petitioner had a talk with the co-accused Ranjan Yadav from the Sim Card obtained in the name of his father, the petitioner has, however, not been put on Test Identification Parade and no incriminating article has been recovered form his possession, he has otherwise no criminal antecedent, he has remained in custody in connection with this case since 01.10.2020, investigation against him is complete but the trial is not likely to be concluded in near future, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Araria, in connection with Raniganj P.S. Case No. 396/2020, subject to the condition as laid down under

Patna High Court CR. MISC. No.16334 of 2021(2) dt.01-07-2021 3/3 Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.