Savan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21882 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Savan Yadav S/o Satyendra Yadav @ Satyendra Kumar Singh Resident of village - Dudhaila, P.S. - Andharamath, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arya Achint, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Andhramath P.S. Case No. 132 of 2023, instituted for the offences punishable under Sections 401, 413, 414, 34 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that, police on secret informant about planning of loot, reached at the place of occurrence. Upon seeing the police three accused persons tried to flee away, but two of them were apprehended. On search one loaded country made pistol, one live cartridge and one knife have been recovered from the petitioner and co-accused
Patna High Court CR. MISC. No.21882 of 2024(3) dt.10-04-2024 2/3 Abhimanyu Yadav. One motorcycle was also recovered which belongs to the co-accused Nitish Kumar Yadav.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 20.08.2023 and has got one criminal antecedent in which the petitioner is on bail. There is no Compliance of Section 100 of Cr.P.C. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12117 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.21882 of 2024(3) dt.10-04-2024 3/3 below/concerned Court in connection with Andhramath P.S. Case No. 132 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T