Radheshyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29880 of 2022 Arising Out of PS. Case No.-303 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== RADHESHYAM YADAV S/o Ram Prasad Ray @ Ram Prasad Rai @ Ram Prasad Ram Resident of Village- Mathiya Bhopat, P.S.- Lakhaura, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-06-2022 Heard the parties.

This is the second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier bail application of the petitioner was dismissed vide order dated 04.02.2022 passed in Cr. Misc. No. 43885/2021 with an observation that the petitioner may renew his prayer for bail after three months. The prosecution case in brief is that the police on the basis of secret information that some miscreants have assembled near Goria Baba Mandir, arrived at the place of occurrence and arrested 13 persons including this petitioner and from possession of the petitioner one motorcycle and a loaded country made pistol have been recovered.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to oblique

Patna High Court CR. MISC. No.29880 of 2022(2) dt.22-06-2022 2/2 motive. He next submits that out of 13 accused persons, 08 have been granted bail by this Court which would be evident from Annexure-3 series of the instant petition. Petitioner is in custody since 18.11.2020, the charge-sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the fact that this is the second attempt for bail on behalf of the petitioner, he is in custody since 18.11.2020 and the eight co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, namely, RADHESHYAM YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Motihari, East Champaran in connection with NDPS Case No. 64/2020 arising out of Chiraiya PS Case No. 303/2020.

(Anil Kumar Sinha, J) perwez U T