Nand Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29068 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Nand Lal Yadav S/o Sri Ram Prasad Yadav R/o Village- Pipra Tole, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Basopatti P.S. Case No. 186 of 2024 instituted for the offences under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, four miscreants on the point of pistol, snatched the Informant's bike key, Rs. 2,05,000/- (Indian and Nepali currency) and a readme mobile.

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

Patna High Court CR. MISC. No.29068 of 2025(4) dt.01-09-2025 2/3 transpired in this case in course of investigation. He further submits as per allegation, Nepali currency has been recovered from the possession of the petitioner but, the same has not been put on Test Identification Parade. The petitioner has twelve criminal antecedents and has been remanded in this case on 04.01.2025 and, since then, he is in custody without any rhymes or reason.

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 is serious in nature. He further submits that Rs. 25,000/- (Nepali currency) has been recovered by the police from the conscious possession of the petitioner. The petitioner has altogether twelve criminal antecedents and it appears that the petitioner is a habitual offender.

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 bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basopatti P.S. Case

Patna High Court CR. MISC. No.29068 of 2025(4) dt.01-09-2025 3/3 No. 186 of 2024, 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 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