Priyan @ Prem @ P.M Yadav @ Priyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22049 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== 1.

PRIYAN @ PREM @ P.M YADAV @ PRIYAM Son of Arbind Yadav Resident of Village-Chukti, Police Station-Mansi, District-Khagaria. 2.

NITISH YADAV @ RANGSAAR @ RANGSAR Son of Bindu Yadav Resident of Village-Thatha, Police Station-Mansi, District-Khagaria. 3.

RAUSHAN YADAV @ RAUSHAN KUMAR Son of Ramnivas Yadav Resident of Village-Thatha, Police Station-Mansi, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Pasraha P.S. Case No. 158 of 2023, registered for the offences punishable under Sections 394 of he Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation, the informant along with Kishore Kumar was going towards their home on motorcycle. Thereafter, 3-4 unknown persons stopped the motorcycle and started assaulting the informant by means of knife and other coaccused persons fired shot on his head. They looted away key of the motorcycle and a bag containing driving license, mobile and Rs. 10,500/- cash.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from their

Patna High Court CR. MISC. No.22049 of 2024(3) dt.02-07-2024 2/2 possession. They have been made accused only on the basis of their confessional statement. He has also submitted that they are under custody for near about 10 months.

5. On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioners have also criminal antecedents to which the learned counsel for the petitioners replied that the police arrested the accused persons and got extracted their confessional statement under duress to falsely implicate in other cases.

6. Considering the above-mentioned facts and circumstances, especially the period of custody, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Khagaria in connection with Pasraha P.S. Case No. 158 of 2023, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T