Rajesh Yadav Alias Rajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43481 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Rajesh Yadav Alias Rajesh Kumar Yadav Son of Rabindar Yadav R/O Vill.- Dayalpur, P.S.- Rajoun, Dist.- Banka ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ambrish Kumar Jha For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 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 Sabour P.S. Case No. 687 of 2023 dated 31.12.2023 registered for the offence/s punishable u/ss 341, 323, 307, 353, 332, 333 read with section 34 of the Indian Penal Code and 25(1-B)a, 26, 35 and 27 of the Arms Act.
3. As per the prosecution case, on secret information, the police official tried to stop the Scorpio vehicle then one person fired bullet but anyhow one A.S.I, namely, Pawan Kumar escaped. Thereafter, the police officials apprehended the petitioner and the co-accused person and a
Patna High Court CR. MISC. No.43481 of 2024(3) dt.23-07-2024 2/3 country made pistol, bullet, Scorpio and mobile were recovered from them.
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. As per supplementary affidavit filed on behalf of the petitioner, the petitioner has ten criminal antecedents and out of which he is on bail in eight criminal cases. The petitioner is in custody since 01.01.2024.
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 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, Bhagalpur in connection with Sabour P.S. Case No. 687 of 2023, with a condition/s:- (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
Patna High Court CR. MISC. No.43481 of 2024(3) dt.23-07-2024 3/3 cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T