Dasrath Yadav @ Bahira Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53623 of 2024 Arising Out of PS. Case No.-464 Year-2021 Thana- KOTWALI District- Munger ====================================================== Dasrath Yadav @ Bahira Yadav S/o Gajo Yadav R/o vill - Sadipur, P.S .- Kotwali, Distt. - Munger ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjiv Singh, Advocate For the Opposite Party :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2024 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 Kotwali P.S. Case No. 464-A/2021 arising out from Kotwali P.S. Case No.- 464/2021 dated 18.10.2021 registered for the offence punishable u/s 392 and 411 of the Indian Penal Code.
3. As per the prosecution case, two unknown miscreants boarded on a motorcycle are alleged to have looted Rs. 49 lacs from one Dharmendra on the point of pistol.
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
Patna High Court CR. MISC. No.53623 of 2024(2) dt.19-08-2024 2/3 possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the confessional statement of one, Gunjam Devi. Learned counsel has submitted that charge has been framed against the petitioner on 26.08.2023 and till 10.06.2024 not a single witness has turned up on behalf of the prosecution. The petitioner is accused in nine other criminal cases and the petitioner is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.01.2022.
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, Munger in connection with Kotwali P.S. Case No. 464-A/2021 arising out from Kotwali P.S. Case No.- 464/2021, with the condition:- (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
Patna High Court CR. MISC. No.53623 of 2024(2) dt.19-08-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T