Bhikhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58615 of 2024 Arising Out of PS. Case No.-7 Year-2021 Thana- MURAR District- Buxar ====================================================== Bhikhari Yadav S/O Mahesh Yadav R/V- Chhotka Purwa, P.S- Brahmpur, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sessions Trial No.254/2021, arising out of Murar P.S. Case No.07/2021, registered for the offence punishable under Sections 392 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is in custody since 16.11.2021 and has antecedent of 13 cases and the informant alleges that on 30.01.2021 when the informant who runs a CSP of Bank of India was returning to his home after closing the CSP, when three accused on a white Apache motorcycle overtook him and one of the three persons took out his country made pistol and pointed towards him and snatched his bag containing Rs.2,80,000/-, a laptop and a mobile

Patna High Court CR. MISC. No.58615 of 2024(2) dt.05-10-2024 2/3 phone of Vivo company and thereafter all the accused fled away. It is next submitted that police arrested Dablu and Bajrangi Yadav based on the information given by its spy and thereafter the name of the petitioner transpired in the confessional statement of Dablu Paswan. It is next submitted that Dablu Paswan and Bajrangi Yadav had approached this court seeking regular bail by filing Cr. Misc. No.37080/2021 and the same was allowed by an order dated 17.12.2021. The learned counsel submits that the case of the petitioner is on a better footing as his name transpired in the confessional statement of Dablu, who has already been granted bail by this court. The learned counsel next submits that charges have been framed and five witnesses have been examined.

4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that petitioner appears to be a criminal and has antecedent of 13 cases and the trial has commenced and five witnesses have been examined, as submitted by the learned counsel appearing on behalf of the petitioner, as such, if privilege of bail is granted to the petitioner, the petitioner may abscond.

5. Considering the submissions made by the learned APP, the Court is not inclined to release the petitioner on bail.

Patna High Court CR. MISC. No.58615 of 2024(2) dt.05-10-2024 3/3

6. Accordingly, the prayer for bail of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T