Ashish Yadav @ Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23083 of 2025 Arising Out of PS. Case No.-492 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ashish Yadav @ Ashish Kumar S/O Surendra Yadav @ Surendra Ray Resident Of Village- Panchrukha, P.s.- Banjariya, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rampravesh Nath Tiwari, Adv.
For the Opposite Party/s :
Mrs. Renuka Ratnakar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Tr. No. 1555 of 2025 arising out of Mufassil P.S. Case No. 492 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.
3. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by a Co-ordinate Bench of this Court on merit vide order dated 28.02.2025 passed in Cr. Misc. No. 8963 of 2025 with a liberty to the petitioner to renew his prayer for bail after framing of charges.
4. Learned counsel for the petitioner submits that the charge has been framed under Section 392 of the I.P.C. on
Patna High Court CR. MISC. No.23083 of 2025(2) dt.05-05-2025 2/3 10.03.2025 and there is no possibility of the trial being concluded in near future. He further submits that the petitioner has two criminal antecedents and in both of them, he is on bail. The petitioner is languishing in judicial custody since 29.11.2024
5. On the other hand, 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 as also there being no likelihood of the trial of being concluded in near future, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail 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 Tr. No. 1555 of 2025 arising out of Mufassil P.S. Case No. 492 of 2022, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.23083 of 2025(2) dt.05-05-2025 3/3 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.
(Rudra Prakash Mishra, J) rishi/- U T