Bablu Yadav @ Aashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60235 of 2021 Arising Out of PS. Case No.-218 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== BABLU YADAV @ AASHISH YADAV S/o PARMANAND YADAV R/o VILLAGE-HARDIYA, P.S.- CHAUTHAM, DISTRICT-KHAGARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Choutham P.S. Case No. 218 of 2019 for the offence registered under Section 395 of the Indian Penal Code.

The allegation is regarding 10-12 unknown miscreants having intercepted the informant and snatched his motorcycle, cash amount of Rs. 10,000/- and some other articles. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 06.05.2020. The learned counsel for the petitioner has submitted that similarly situated co-accused person against whom 14 criminals cases are pending has already been granted bail by coordinate

Patna High Court CR. MISC. No.60235 of 2021(2) dt.31-03-2022 2/3 Bench of this Court vide order dated 19.07.2021 passed in Criminal Misc. No. 8305 of 2021. It is further submitted that no looted articles/stolen motorcycle have been recovered from the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person who has already been granted bail by a coordinate Bench of this Court, though I deem it fit and proper to grant the privilege of regular bail to the petitioner herein, however, subject to certain conditions. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Khagaria in connection with Choutham P.S. Case No. 218 of 2019. It is directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the

Patna High Court CR. MISC. No.60235 of 2021(2) dt.31-03-2022 3/3 event of his failure to do so on two consecutive occasions, the present privilege of bail being extended to the petitioner shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T