Baiju Kumar Yadav @ Baiju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26072 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== BAIJU KUMAR YADAV @ BAIJU YADAV SON OF JAY PRAKASH YADAV R/O VILLAGE- NARAR, P.S.- KALUAHI, DISTRICTMAHDUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kaluahi P.S. Case No. 21 of 2022 dated 14.02.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants boarded on a motorcycle dashed the informant's motorcycle due to that informant fell down on the road and all the miscreants snatched Rs. 7 lakhs kept in the informant's bag.

Patna High Court CR. MISC. No.26072 of 2023(2) dt.24-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused Shatrughan Kumar Singh. No T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in 16 other criminal cases out of which he is on bail in 14 cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Kaluahi P.S. Case No. 21 of 2022 with condition/s:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.26072 of 2023(2) dt.24-05-2023 3/3 cause, the bail bonds of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T