Praduman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21541 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- CHAORI District- Bhojpur ====================================================== Praduman Yadav Son Of Harendra Yadav @ Harendra Yadav Resident Of Village- Trithkaul, Ps- Sandesh, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

02. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

03. In the present case, the petitioner seeks bail in connection with Chauri P.S. Case No. 72 of 2022 registered on 22.09.2022 for the alleged offences under Section 394 of the Indian Penal Code.

04. As per prosecution case, the informant was dropped off his bag containing Rs. 1.5 lac, Laptop, LIC's Bond Paper, Pan Card, Driving License etc by two unknown miscreants who assaulted him with a wooden bat. The name of petitioner transpired during investigation as one of the accused persons.

Patna High Court CR. MISC. No.21541 of 2023(2) dt.18-05-2023 2/3

05. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No looted articles has been recovered from the person of possession of this petitioner. The name of petitioner came up in this case on the basis of confessional statement of co-accused Sunil Kumar who is on inimical terms with this petitioner. The petitioner is in custody since 14.11.2022 and charge-sheet has been submitted. The petitioner is having one criminal antecedent, in which, he is on bail.

06. Learned APP for the State opposes the prayer for bail.

07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vith, Bhojpur at Ara in connection with Chauri P.S. Case No. 72 of 2022 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

Patna High Court CR. MISC. No.21541 of 2023(2) dt.18-05-2023 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T