Piyush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54438 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Piyush Yadav S/O Barun Yadav @ Varun Kumar R/O Village- Chaparghat, P.S- Gopalpur, Distt.- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No.741 of 2023, arising out of Naugachia P.S. Case No.50 of 2023 lodged under Sections 392 of the I.P.C.

3. As per the prosecution, the FIR has been lodged against unknown accused persons against whom there is allegation that they have snatched the motorcycle, cash as well as mobile of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. and his name has come by virtue of confessional statement of co-accused. He submits that looted mobile has been recovered and the present

2/4 from whose possession the looted mobile has been recovered, has disclosed the name of the petitioner that he has purchased the said mobile from him.

5. Counsel further submits that nothing has been recovered from petitioner's possession and he was not put on T.I.P. instead of fact that the informant has disclosed that he can identify the accused.

6. Counsel also submits that antecedent of the petitioner is not clean. There are 18 criminal cases pending against him in which in some cases, he is on bail and in some cases, he is persuading for bail and he is in custody since 31.05.2023.

7. Counsel further submits that the offence under which the petitioner has been charged, is magisterial triable in nature.

8. Learned APP for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against

3/4 him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Naugachia in connection with S.Tr. No.741 of 2023, arising out of Naugachia P.S. Case No.50 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

10. The details of the cases which are pending against the petitioner, are as follows:- i. Naugachia P.S. Case No.72 of 2020.

ii. Gopalpur P.S. Case No. 41 of 2021.

iii. Naugachia P.S. Case No. 408 of 2019.

iv. Gopalpur P.S. Case no. 72 of 2023.

v. Gopalpur P.S. Case No. 526 of 2021.

vi. Gopalpur P.S. Case No. 220 of 2022.

vii. Kharik P.S. Case No. 57 of 2023.

viii. Naugachia P.S. Case No. 53 of 2023.

ix. Kharik P.S. Case No. 24 of 2023.

x. Gopalpur P.S. Case No. 20 of 2021.

xi. Naugachia P.S. Case No. 338 of 2021.

xii. Mirza Chauki P.S. Case No. 01 of 2022.

xiii. Gopalpur P.S. Case No. 479 of 2021.

4/4 xiv. Gopalpur P.S. Case No. 241 of 2023.

xv. Naugachia P.S. Case No.24 of 2021.

xvi. Naugachia P.S. Case No.88 of 2021.

xvii. Gopalpur P.S. Case No.24 of 2021.

xviii. Gopalpur (Rangra) P.S. Case No.625 of 2022. (Dr. Anshuman, J.) Prakashmani/- U T