Patna High CourtCR. MISC./15816/2024bail granted

Lavkush Yadav v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15816 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Lavkush Yadav Son of Jagdeo Yadav Resident of Village- Dadpur, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kharik P.S Case No. 24 of 2023 registered for the offences punishable under Sections 392/34 of the I.P.C

3. As per prosecution case, three accused have snatched Rs. 154367/- and mobile, sim etc. from the informant on gun point.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not arrested on the spot. No recovery from the petitioner. It is also submitted that petitioner is in judicial custody since 20.05.2023.

5. However, learned APP for the State oppose the

Patna High Court CR. MISC. No.15816 of 2024(2) dt.13-03-2024 2/2 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 A.C.J.M I, Naugachia, District- Bhagalpur in connection with Kharik P.S Case No. 24 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-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