Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41656 of 2021 Arising Out of PS. Case No.-463 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SANJAY YADAV Son of Mr. Lalwa Yadav @ Lalo Yadav Resident of Village - Garabadi, Nayatola, Jorabganj, P.S. - Kodha, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Nagar P.S. Case No. 463/2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding the petitioner and one other co-accused person having engaged in snatching the money bag of the informant,

Patna High Court CR. MISC. No.41656 of 2021(2) dt.04-01-2022 2/3 however, upon alarm being made, the people present there had arrived and caught the accused persons, whereafter, the police had arrived at the place of occurrence and the money bag was recovered from the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner was not an accused in any other case prior to lodging of the present case, but thereafter, he has been remanded in two other criminal cases. The learned counsel for the petitioner has further submitted that the charge-sheet has already been filed, hence, no prejudice would be caused to the prosecution in case the petitioner is granted bail. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 16.12.2020, hence, a lenient view may be taken.

Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.41656 of 2021(2) dt.04-01-2022 3/3 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the investigation is complete and the charge-sheet has been filed, apart from the fact that the petitioner is languishing in custody since more than a year, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Nagar P.S. Case No. 463/2020.

(Mohit Kumar Shah, J) Ajay/- U T