Piyush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35075 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Piyush Yadav SON OF BARUN YADAV @ VARUN KUMAR RESIDENT OF VILLAGE- CHAPARGHAT, PS- GOPALPUR, DIST- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.907 of 2023 (arising out of Kharik P.S. Case no.57 of 2023) registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the informant states that six unknown accused persons looted the informant on a gunpoint of Rs.4500/ in cash, Aadhaar Card, Pan Card, ATM and various other documents as stated in the F.I.R.

4. Learned counsel for the petitioner submits that the FIR was registered against six unknown. In course of investigation, the petitioner was falsely implicated in one another case wherein he is alleged to have confessed about committing the offence leading to the registration of the instant

Patna High Court CR. MISC. No.35075 of 2024(3) dt.12-07-2024 2/2 FIR. No incriminating article has been recovered as a result of the alleged confessional statement given by the petitioner in the said case, nor any incriminating article has been recovered from the petitioner's possession. The petitioner is in custody since 4.7.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the nature of material that has transpired in course of investigation, grant of bail to co-accused vide order dated 22.2.2024 (Annexure-2), the petitioner having remained in custody for more than 1 year since 4.7.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.907 of 2023 (arising out of Kharik P.S. Case no.57 of 2023) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Naugachia, District Bhagalpur.

(Partha Sarthy, J) Saurabh/- U T