Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37544 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ASHISH YADAV Son of Nawal Kishore Yadav @ Nawal Kishore Prasad Resident of Village- Gausganj, PS- Ara Nagar, District- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, five unknown miscreants entered the PNB Bank Pirauta, Bhojpur and looted Rs. 2,38,000/- in cash on the point of pistol.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37544 of 2022(2) dt.29-09-2022 2/3 case. The co-accused person Ajeet Kumar Rai has already been granted bail by Co-ordinate Bench of this Court vide order dated 13.04.2022 passed in Cr. Misc. No. 60590 of 2021. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in three other criminal cases as stated in para 3 of the bail petition. As per the para 24 of the bail petition, the petitioner is in custody since 22.06.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that forty currency notes were recovered from the possession of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur in connection with Ara Muffsil P.S. Case No. 103 of 2021, with conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.37544 of 2022(2) dt.29-09-2022 3/3 failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond .

3. If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) ayush/- U T