Piyush Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56207 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.
Piyush Yadav Son Of Barun Yadav @ Varun Kumar Village- Chaparghat, Ps- Gopalpur, Dist- Bhagalpur 2.
Lawan Yadav Son Of Late Pappu Yadav Village- Chaparghat, Ps- Gopalpur, Dist- 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. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Naugachiya P.S. Case No.53 of 2023 registered for the offence under Section 395 of the IPC and Section 27 of Arms Act.
3. As per prosecution case, some unknown miscreants came on motorcycle and on the point of pistol snatched the informant's motorcycle, ATM card, mobile phone and cash of Rs. 6700/- from him.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are not named in the FIR. Their name were
Patna High Court CR. MISC. No.56207 of 2024(2) dt.02-08-2024 2/3 transpired in this case on the basis of confessional statement of co-accused Manish Kumar Singh who has already been enlarged on bail by this Court vide order dated 19.7.2024 passed in Cr. Misc. No. 52455 of 2024. Neither the petitioners have put on TI Parade no any incriminating article has been recovered from his possession. It is further submitted that the petitioners are languishing in judicial custody since 5.6.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner no.1 has got 18 criminal antecedents whereas petitioner no.2 has got two criminal antecedents.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitionesr, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Naugachia P.S. Case No. 53 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Naugachia (Bhagalpur) subject to following conditions:
(i) the petitioners shall co-operate in the trial and shall be present on each and every fixed date and on their absence on
Patna High Court CR. MISC. No.56207 of 2024(2) dt.02-08-2024 3/3 two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(ii) In case, the petitioners threaten the witnesses or temper with the evidence, their bail bonds shall be cancelled by the Court below.
(Sunil Kumar Panwar, J) amandeep/- U T