Subhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14569 of 2022 Arising Out of PS. Case No.-306 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== SUBHASH YADAV S/O BHULAN YADAV, R/o village- North Telua, P.S.- Nautan, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivjee Singh, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Nautan P.S. Case No. 306 of 2019 lodged under Sections 420, 413, 414, 467, 468 and 471 of the Indian Penal Code. As per the allegation made in the F.I.R. against the present petitioner, the recovery of one motorcycle took place from the Bathan of present petitioner Subhash Yadav. Learned counsel for the petitioner submits that the alleged seizure has been made in complete violation of Section 100 of the Cr.P.C. He further submits that petitioner is in custody since 31.12.2021. He further submits that petitioner's name is involved in one case in which he is on bail. He further submits that co-accused persons have been granted bail by the
Patna High Court CR. MISC. No.14569 of 2022(2) dt.06-07-2022 2/2 Co-ordinate Bench of this Court (Annexure-2 and 2/1) of this petition.
Upon specific query that whether charge has been framed or not, learned counsel for the petitioner submits that as per his knowledge, charge could not be framed in this case. Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case, the learned Trial Court is directed to release the petitioner on bail, imposing the conditions to his satisfaction, only after framing of charge. The petitioner is also directed to appear before the trial court after bail on each and every date. (Dr. Anshuman, J.) ravishankar/- U T