Piyush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55143 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Piyush Yadav, Male, aged about 30 years, Son of Barun Yadav @ Varun Kumar, Resident of Village- Chaparghat, P.S.- Gopalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kharik P.S Case No. 24 of 2023 registered for the offences punishable under Sections 392/34 of the I.P.C

3. As per prosecution case, three accused have snatched Rs. 154367/- and mobile, sim etc. from the informant on gun point.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not arrested on the spot. It is also submitted that petitioner was remanded in the present case on 03.07.2023 and since then he is in custody in the present case. He next submits that nothing incriminating articles has been

Patna High Court CR. MISC. No.55143 of 2024(2) dt.02-08-2024 2/2 recovered from the possession of the petitioner. Petitioner has been made accused only on the basis of self confessional statement in another case and remanded in this case. He has not put on Test Identification Parade till date.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner that similarly situated co-accused persons namely, Lavkush Yadav has been granted bail by this Court in Cr. Misc. No. 15816 of 2024 vide order dated 13.03.2024, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st, Additional Sessions Judge, Naugachia, Bhagalpur in connection with Kharik P.S Case No. 24 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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