Gauri Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12509 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Gauri Shankar Yadav S/O Ram Ashish Yadav @ Ramashish Yadav R/O Vill - Ramnagar, P.S. - Ghoghardiha, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bhairavsthan P.S Case No. 22 of 2023 registered for the offences punishable under Sections 392 of the I.P.C and 27 of the Arms act.

3. As per prosecution case, three miscreants came on motorcycle, caught hold collar of the informant and snatched his mobile further when informant protested, miscreants resorted firing and fled away.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It

Patna High Court CR. MISC. No.12509 of 2024(2) dt.27-02-2024 2/3 is further submitted that petitioner is not named in FIR and petitioner has no concerned with seized motorcycle. It is also submitted that petitioner is in judicial custody since 21.03.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Judicial Magistrate 1st Class, Jhanjharpur, Madhubani in connection with Bhairavsthan P.S Case No. 22 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-

Patna High Court CR. MISC. No.12509 of 2024(2) dt.27-02-2024 3/3 sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T