Lavkush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9622 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Lavkush Yadav son of Jagdeo Yadav @ Jagev Yadav Resident of VillageDadpur PS- Kharik Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kharik P.S. Case no.57 of 2023 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the informant states that six unknown accused persons looted the informant on a gunpoint of Rs.4500/ in cash, Aadhaar Card, Pan Card, ATM and various other documents as stated in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against six unknown. The name of the petitioner transpired in course of investigation on the information furnished by spy. No incriminating article has been recovered from the petitioner's possession who is in custody since 25.4.2023 and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.9622 of 2024(2) dt.22-02-2024 2/2

5. The application for bail is opposed by learned A.P.P. for the State who submits that it was on the basis of confessional statement of the petitioner that the recovery of the looted articles were made. In response, learned counsel for the petitioner submits that the alleged recovery is Rs.4700/ in cash and Aadhaar Card. The amount is such which is available in any household with any person. Further, the Aadhaar Card belonged to the petitioner himself.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the material that has transpired in course of investigation as is evident from the order of the learned trial Court, the petitioner having remained in custody for about 10 months since 25.4.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kharik P.S. Case no.57 of 2023 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 J.M. 1st Class, Naugachia, District Bhagalpur. (Partha Sarthy, J) Saurabh/- U T