Patna High CourtCR. MISC./24705/2025bail granted

Billa Yadav v. The State Of Bihar

2025-04-30Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24705 of 2025 Arising Out of PS. Case No.-356 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Billa Yadav S/o Karu Yadav R/o Village-Purab Tola, ward No.14, P.SKahalgaon, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kahalgaon P.S. Case No. 356 of 2024, registered for the offences under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, police received a tip of about assembly of miscreants who were armed with illegal firearms and were planning to commit dacoity/robbery. A raid was conducted and three persons were apprehended. These apprehended co-accused person named the petitioner and other co-accused persons who fled away from the spot during the raid. From the apprehended co-accused persons, recovery of firearms

Patna High Court CR. MISC. No.24705 of 2025(2) dt.30-04-2025 2/3 and ammunition were made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. Except for the confessional statement of the co-accused persons, there is nothing against the petitioner. Petitioner is in custody since 13.06.2024 and charge sheet has been submitted. Petitioner is having antecedent of one case in which he is on bail.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the completely vague nature of allegation against the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur/concerned court, in connection with Kahalgaon P.S. Case No. 356 of 2024, subject to the condition laid down under

Patna High Court CR. MISC. No.24705 of 2025(2) dt.30-04-2025 3/3 Section 480(3) of the B.N.S.S. and other following conditions: (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, if so required by the learned trial court.

(iii) In case of absence on 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) Anuradha/- U T