Sonelal Yadav @ Sonu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21164 of 2025 Arising Out of PS. Case No.-352 Year-2023 Thana- PIPRA District- Supaul ====================================================== Sonelal Yadav @ Sonu Yadav Son Of Ashok Yadav @ Brahmdeo Yadav Resident Of Village - Mahinathpur, Barmotra, Ward No. 6, P.S. - Raghopur, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Adv.
For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pipra P.S. Case No. 352 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, two unknown miscreants accosted the Informant, snatched Rs. 70,110/- and his mobile phone and fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as 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 surfaced in this case in course of investigation on the basis of
2/4 the confessional statement of the co-accused Bhushan Kumar. He further submits that nothing incriminating/looted article has been recovered from the conscious possession of the petitioner or from his house. No T.I.P. has been conducted in this case as yet. The petitioner has no concern with the alleged occurrence. The petitioner has altogether seventeen criminal antecedent and is languishing in judicial custody since 22.07.2024 without any rhymes or reason. Learned counsel for the petitioner further submits that the co-accused Bhushan Kumar has already been granted bail by this Court vide order dated 03.03.2025 passed in Cr. Misc. No. 11769 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner has altogether seventeen criminal antecedents of more or less similar nature of offence and, hence, he does not deserve bail.
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, after framing of charge if not already framed, on furnishing bail
3/4 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 352 of 2023, subject to the following conditions;
(i) The petitioner will not leave the territorial jurisdiction of the court below without taking its prior permission for the same.
(ii) One of the bailor(s) shall be the own/close family members of the petitioner.
(iii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(iv) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (v) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate
4/4 application before the court below for cancellation of his bail. (vi) In case of violation of any of the terms and conditions stated herein above, the prosecution will be at liberty to move for cancellation of the bail bonds of the petitioner. (Rudra Prakash Mishra, J) rishi/- U T