Bittu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34103 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Bittu Yadav S/o Surendra Yadav R/o Vill.- Purnahiya, P.O.- Basantpatti, P.S. - Purnahiya, Distt.- Sheohar, Bihar, Pin Code- 843334 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohd Rustam Hussain, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seek bail in connection with Patahi P.S. Case No.23 of 2024 registered for the offences under Section 392 and 34 of IPC.
3. The prosecution case is to the effect that three miscreants have snatched away gold and silver ornaments from the informant. It is further alleged that the miscreants also snatched the mobile phones his gold ring, chain etc and also took away Rs.55,000/- from the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that the FIR was lodged against the unknown and the name of the petitioner surfaced on
Patna High Court CR. MISC. No.34103 of 2025(2) dt.29-05-2025 2/3 the confessional statement of one co-accused namely Rahul Kumar. It has been submitted that no recovery of looted articles or any incriminating material has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted in order to disclose the identity of the petitioner. It has next been submitted that the accused person namely Rahul Kumar in whose confession the name of the petitioner surfaced has been granted bail by a co-ordinate Bench of this Court. It is lastly submitted that the petitioner is in custody since 18.01.2025 and carries clean antecedent.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account that similary situated coaccused person has been granted bail, let the petitioner abovenamed be enlarged on bail 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 District and Additional Sessions Judge-12, East Champaran, Motihari in connection with Patahi P.S. Case No.23 of 2024 subject to the conditions :- a. One of the bailors of the petitioner shall be
Patna High Court CR. MISC. No.34103 of 2025(2) dt.29-05-2025 3/3 his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Saurav/- U T