Bhikhari Yadav @ Dipu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50404 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- KORANSARAI District- Buxar ====================================================== BHIKHARI YADAV @ DIPU YADAV S/o Mahesh Yadav Resident of Village- Purwa, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh : Mr. Sunil Kumar Adv For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 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 394 of the Indian Penal Code.

As per the prosecution case, the informant was returning to his native village from his office and when he reached near the Sonaki bridge, three unknown miscreants boarded on a motorcycle intercepted him and took his bag

Patna High Court CR. MISC. No.50404 of 2022(2) dt.12-12-2022 2/3 containing two mobile sets and one laptop, Rs. 13802/- cash and assaulted on his head using pistol's butt causing severe injuries. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 15 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.06.2021.

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

Considering the aforesaid facts and circumstances of the case as well as the period of detention, 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, Buxar in connection with Koransarai P.S. Case No. 19 of 2021, with a condition:-

1. 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.50404 of 2022(2) dt.12-12-2022 3/3 cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

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