Nandlal Kumar @ Nandlal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9098 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Nandlal Kumar @ Nandlal Yadav S/O- Late Lal Babu Yadav R/O- VillageHatsariya Santghat, P.S.- Bairiya, Bettiah, Dist.- West Champaran. ... ... Petitioner/S
Versus
The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Adv.
For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Yogapatti Navalpur P.S. Case No. 140 of 2023 lodged under Sections 356 and 379 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against two unknown accused persons against whom there is allegation of snatching the bag of cash rupees of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by extra judicial confession and nothing incriminating has been recovered from his possession nor he was put on T.I.P.
Patna High Court CR. MISC. No.9098 of 2024(2) dt.20-02-2024 2/3
5. Counsel further submits that petitioner's name has come in this case at the instance of police, only due to the reason that there are 11 criminal cases pending against him in which he is on bail in 10 cases and in one case, he is persuading for bail. He submits that petitioner is in custody since 28.07.2023 and charge-sheet has already been filed in this case.
6. Learned counsel for the State opposes the prayer for bail and submits that at the time of consideration of bail, antecedent of the petitioner may be taken into consideration.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah in connection with Yogapatti Navalpur P.S. Case No. 140 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:-
Patna High Court CR. MISC. No.9098 of 2024(2) dt.20-02-2024 3/3 i. Bairiya P.S. Case No. 196 of 2020.
ii. Bairiya P.S. Case No. 332 of 2019.
iii. Bairiya P.S. Case No. 129 of 2020.
iv. Bairiya P.S. Case no. 285 of 2019 v. Bairiya P.S. Case No. 65 of 2019.
vi. Bettiah Nagar P.S. Case No. 679 of 2019.
vii. Bairiya P.S. Case No. 280 of 2019.
viii. Bairiya P.S. Case No. 310 of 2019.
ix. Bettiah Town P.S. Case No. 57 of 2022.
x. Nautan (Jagdishpur) P.S. Case No. 196 of 2023. xi. Nautan (Jagdishpur) P.S. Case No. 166 of 2023. (Dr. Anshuman, J.) Prakashmani/- U T