Patna High CourtCR. MISC./52388/2025bail granted

Bunali Yadav v. The State Of Bihar

2025-08-11Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52388 of 2025 Arising Out of PS. Case No.-589 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Bunali Yadav, Male, aged about 46 years, S/o Rudal Yadav, resident of Village- Sigari Bahuari, Ward No. 05, P.S.- Ram Nagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Ram Nagar PS Case No.589 of 2022 dated 15.12.2022, instituted for the offence punishable under Sections 392 of the Indian Penal Code.

3. The prosecution case, in brief, is that on the alleged date of occurrence the driver of the informant was return from Harinagar Sugar Mills with tractor and trollery. On the way, three criminal, who were on a white coloured Maruti car, stopped his tractor on the point of pistol. One of the criminal took away the tractor while others kept him captive him in a nearby agricultural field on the point of pistol. After sometime, the criminal released the driver of the tractor.

Patna High Court CR. MISC. No.52388 of 2025(2) dt.11-08-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has been implicated in this case only on suspicion. Petitioner is not named in the FIR and the FIR is against unknown. It is alleged that the petitioner informed the informant about his tractor which was taken away by the accused persons by showing fear of countrymade pistol. It is also submitted that nothing has been recovered from the petitioner. The petitioner runs vehicle washing centre and he has no role in the alleged occurrence. It is also submitted that similarly situated coaccused, Pradeep Paswan @ Pradil Paswan and Arman Ahmad have been granted bail by different co-ordinate Benches of this Court by order dated 19.08.2023 passed in Cr. Misc. No.51672 of 2023 and order dated 18.09.2023 passed in Cr. Misc. No.61956 of 2023 respectively. Lastly, it is submitted that the petitioner is behind the bar since 24.05.2025 and three cases are pending against the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Bagaha, West Champaran,

Patna High Court CR. MISC. No.52388 of 2025(2) dt.11-08-2025 3/3 in Ram Nagar PS Case No.

589 of 2022, subject to the conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioner within two weeks after his release from the custody shall appear before the SHO of local PS along with a copy of this order and thereafter shall appear every fortnightly to mark his attendance till framing of charge in the case.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T