Raushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12615 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Raushan Yadav Son of Kailash Yadav Resident of Village- Manikpur, P.S.- Patarghat, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Patarghat P.S. Case No. 222 of 2024 instituted for the offence under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in short is that while informant was on his way, he was accosted with two miscreants, who snatched his bag containing Rs. One lakh, cheque book, passbook, PAN card etc. It is alleged that informant has identified the petitioner as the person who was sitting behind the motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-12-2024. Petitioner

Patna High Court CR. MISC. No.12615 of 2025(2) dt.04-03-2025 2/3 bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that when the petitioner was arrested by the police party, there is recovery of one mobile phone and Rs. 2500/- which belongs to the petitioner. No incriminating article is recovered from the possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023. Petitioner is not the owner of the motorcycle, which was driven by co-accused, namely, Raviraj Kumar.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patarghat P.S.

Patna High Court CR. MISC. No.12615 of 2025(2) dt.04-03-2025 3/3 Case No. 222 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T