Sunny Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22906 of 2025 Arising Out of PS. Case No.-740 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Sunny Kumar Yadav S/O Nakul Yadav Resident of Village- Sahasarawn, P.SBhairoganj, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Preeti Kumari, Advocate For the State :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2025 The present case has been taken up out of turn on the basis of motion slip filed on behalf of the petitioner on the ground that the marriage of the petitioner is fixed on 29.04.2025.

2. Heard Mrs. Preeti Kumari, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.

3. The petitioner is apprehending his arrest in connection with Sikarpur P.S. Case No. 740 of 2023, F.I.R. dated 13.09.2023 registered for the offences punishable under Section 395 of the Indian Penal Code.

4. The F.I.R. of the occurrence of loot is against unknown.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the

Patna High Court CR. MISC. No.22906 of 2025(2) dt.21-04-2025 2/3 present case. She further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. She further submits that it appears from the F.I.R. that on the basis of confessional statement of co-accused Gambheer Kumar Yadav, the name of the petitioner has been transpired during investigation in the present occurrence and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

6. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Additional Sessions Judge-V, Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 740 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section

Patna High Court CR. MISC. No.22906 of 2025(2) dt.21-04-2025 3/3 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T