Chabara Yadav @ Chaibar Yadav @ Akshay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19718 of 2024 Arising Out of PS. Case No.-704 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Chabara Yadav @ Chaibar Yadav @ Akshay Kumar S/o Bhola Yadav R/o Vill - Lakrakol, P.S. - Pripainti, Dist. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Prasad, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kahalgaon P.S. Case No. 704 of 2021 instituted for the offences under Section 394 of the Indian Penal Code.
3. As per prosecution case, the allegation against the miscreants is of snatching the motorcycle bearing Regd. No. BR 10AA 2974 along with a mobile from the Informant. It is further alleged that the miscreants have also assaulted the Informant by means of lathi-danda, causing head injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as
Patna High Court CR. MISC. No.19718 of 2024(2) dt.18-03-2024 2/3 alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has been surfaced in course of investigation in the confessional statement of co-accused Jay Prakash Yadav. He further submits that co-accused Jai Prakash Yadav has been granted bail by the court below vide order dated 19.04.2023 passed in B.P. No. 863 of 2023. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 16.09.2023. Charge-sheet has been submitted in this case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)
Patna High Court CR. MISC. No.19718 of 2024(2) dt.18-03-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kahalgaon P.S. Case No. 704 of 2021.
(Rudra Prakash Mishra, J) rishi/- U T