← Library
Patna High CourtCR. MISC./32177/2024bail rejected

Surendra Yadav v. The State Of Bihar

2025-02-24Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32177 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Surendra Yadav S/o Prayag Lal Yadav R/o vill - Dharampur, P.S. - Laukaha, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the State :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-02-2025 Heard the parties.

2. The petitioner is in custody in connection with Laukahi P.S. Case No. 107 of 2023 registered for the offence under Sections 395 and 397 of the Indian Penal Code and 3⁄4 of the Explosive and section 27 of the Arms Act, lodged on 19.04.2023 by the informant Bhim Sen Ghiriya.

3. As per the prosecution story, the informant alleged that having found fire in the ground floor, it was found that the gate has been cut with the gas cutter whereafter, the accused came, broke the godrej almirah and took away the cast of Rs.2,30,000/-. The SHO was informed and the police arrived but the accused persons throwing bombs and having fired towards the constables, escaped. The father, who was brutally injured on the head was sent to the Laukahi Hospital for treatment. This led

Patna High Court CR. MISC. No.32177 of 2024(5) dt.24-02-2025 2/2 to the F.I.R.

4. Learned counsel for the petitioner submits that he is in custody since 06.01.2024 and there is no likelihood of conclusion of the trial in near future and in that background, he is entitled to bail.

5. Learned APP on the other hand opposes the prayer for bail submitting that from the paragraph no. 18, it is not clear whether he has been arrested in the present case or any other case and remanded in this case as paragraph no.3 clearly show that the petitioner has nine criminal antecedents which include section 395, 302 of the I.P.C. as also other sections. The last submission is that co-accused Indal Paswan has been denied bail in Cr. Misc. No. 40465 of 2024.

6. Considering the aforesaid facts, the accusation as also that he has multiple criminal antecedents, for the present, this Court is not inclined to extend him the privilege of bail.

7. Accordingly, the bail application stands rejected. (Rajiv Roy, J) vinayak/- U T