Patna High CourtCR. MISC./41402/2024bail granted

Sanjeet Kumar @ Sanjeet Yadav v. The State Of Bihar

2024-07-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41402 of 2024 Arising Out of PS. Case No.-425 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Sanjeet Kumar @ Sanjeet Yadav S/o Rajaram Yadav R/o vill - Gobargardha, P.S. - Saharsa Sadar, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Simri Bakhtiyarpur (Balwant O.P.) P.S Case No. 425 of 2023 dated 23.07.2023 registered for the offence punishable under Sections 467, 468, 471, 420, 413, 414, 353, 186 read with Section 34 of the Indian Penal Code and Section 25(1-B)a and 26 of the Arms Act.

3. As per the prosecution case, police apprehended the petitioner and recovered one loaded country made katta with one live cartridge from the possession of the petitioner and on his disclosure, the other co-accused persons were apprehended and from the house of co-accused persons Suren Yadav and

Patna High Court CR. MISC. No.41402 of 2024(2) dt.18-07-2024 2/3 Jogen Yadav @ Jagga Yadav, four motorcycles were recovered. The apprehended persons misbehaved with the police officials. The co-accused Jogen Yadav @ Jagga Yadav fled away from the custody of police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this Court vide order dated 06.05.2024 passed in Cr. Misc. No. 21106 of 2024. The petitioner has antecedent of three criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Saharsa in connection with Simri Bakhtiyarpur (Balwant O.P.) P.S Case No. 425 of 2023., with the condition ;-

Patna High Court CR. MISC. No.41402 of 2024(2) dt.18-07-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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