Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11340 of 2025 Arising Out of PS. Case No.-149 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Bhushan Yadav S/O Umesh Yadav R/O Vill.- Sikiyahi Ward no-06, P.S.- Triveniganj, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2.

The petitioner seeks bail in connection with Bhaptiyahi P.S. Case No. 149 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that while informant was on his way, he was accosted with three unknown miscreants who have taken away his motorcycle on the point of pistol.

4.

It has been submitted on behalf of the petitioner that the petitioner has been remanded in this case from Triveniganj PS Case No. 237 of 2021 on 03-08-2024. Petitioner bears six criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.11340 of 2025(2) dt.03-03-2025 2/3 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. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. Petitioner was not put on T.I. Parade. Nothing has been recovered from the possession of the petitioner. Charge sheet is submitted in this case.

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 charge sheet being submitted, 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 Bhaptiyahi P.S. Case No. 149 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.11340 of 2025(2) dt.03-03-2025 3/3 (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