Saguni Yadav @ Lavkush Yadav @ Lavkesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5603 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- GOH District- Aurangabad ====================================================== Saguni Yadav @ Lavkush Yadav @ Lavkesh kumar S/O Nagendra Yadav R/O Akauni, P.s.- Goh, Dist.-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2025 Heard Mr.Pramod Kumar Yadav, learned counsel for the petitioner and Mr.Sanjay Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Goh P.S.Case No.263 of 2024, FIR dated 09.09.2024 registered for the offences punishable under Sections 317(2) of B.N.S., 2023.
3. The prosecution case, in short, is that on 09.09.2024 at about 7.45, informant received a secret information that the accused named Lalu Yadav and Sakuni Yadav riding upon stolen motorcycle going towards Government School village Aukani. Police reached at 8.3 near pond of Aukani village but the accused tried to flee, however, caught alongwith said stolen motorcycle.
Patna High Court CR. MISC. No.5603 of 2025(3) dt.15-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of the disclosure made by the local Chaukidar. Further submits that it appears from the FIR that the alleged motorcycle has been recovered from the public place and petitioner has no concern at all with the alleged occurrence and except the disclosure made by the local Chaukidar, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st, Daudnagar (Aurangabad) in connection with Goh P.S.Case No.263 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.5603 of 2025(3) dt.15-02-2025 3/3 Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) 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/her 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.
(Rajesh Kumar Verma, J) Nitesh/- U T