Vikram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34376 of 2023 Arising Out of PS. Case No.-513 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Vikram Yadav Son of Suresh Yadav Resident of Village- Parri, PsGhanshyampur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Biraul P.S. Case No. 513 of 2022 registered for the offence under Sections 399, 402, 414 of the Indian Penal Code and 25 (1-b)a, 26 and 35 of Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 01.01.2023.

The allegation against this petitioner is to involve in preparation for dacoity alongwith other co-accused persons, where firearms also alleged to be recovered from the possession of other co-accused persons.

Patna High Court CR. MISC. No.34376 of 2023(2) dt.27-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner was implicated falsely with present case, as nothing surfaced during the course of investigation to suggest that the act of petitioner can be said a preparation for dacoity, particularly when he was found only with a mobile phone, which even belongs to this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing recovered/surfaced during the course of investigation to suggest that the act of petitioner can be said preparation for dacoity on its face, who is a man of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 01.01.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Biraul P.S. Case No. 513 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st

Patna High Court CR. MISC. No.34376 of 2023(2) dt.27-06-2023 3/3 Biraul, Darbhanga/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T