Panchanand Yadav @ Panchanan Yadav @ Umesh Yadav @ Ramesh Yadav @ Panchand Yadav @ Company v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23631 of 2024 Arising Out of PS. Case No.-454 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Panchanand Yadav @ Panchanan Yadav @ Umesh Yadav @ Ramesh Yadav @ Panchand Yadav @ Company Son of Late Yugal Yadav Resident of Village- Daparkha, Ward No. 21, P.S.- Triveniganj, Dist.- Supaul ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Adv For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Triveniganj P.S. Case No. 454 of 2023 dated 20.11.2023 registered for the offences punishable u/s 370(A), 376, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, on 20.11.2023 the informant (Dharamveer Kumar Sathi, Addl. S.H.O. P.S. Triveniganj, Saupal) received information, that accused Panchanand Yadav along with his second wife Nagi @ Naginiya and some other females were running their business of prostitution in their old Cinema Hall. Thereafter, a raid has been
Patna High Court CR. MISC. No.23631 of 2024(3) dt.10-05-2024 2/3 conducted in the cinema hall, the entire Cinema Hall was searched, Police recovered used condoms and mobile phones of the victim and prepared the seizure list accordingly.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been implicated in this case only on the basis of being owner of his said Cinema Hall. There is no specific allegation against the petitioner regarding any financial transaction with regard to alleged business of prosecution. The petitioner was not present on the spot, when police team raided the place of occurrence. Moreover, the alleged old cinema hall was closed since long, therefore, no case is made out against the petitioner. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.11.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named,
Patna High Court CR. MISC. No.23631 of 2024(3) dt.10-05-2024 3/3 is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul, in connection with Triveniganj P.S. Case No. 454 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T