Lavan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59885 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Lavan Yadav Son of Late Pappu Yadav 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 :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. 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 on 04.03.2023, under Sections 392/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against three unknown accused persons against whom there is an allegation that they have committed the robbery from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the content of the FIR it become crystal clear that petitioner is not named and his name has figured in this case

Patna High Court CR. MISC. No.59885 of 2024(2) dt.04-09-2024 2/3 by virtue of the confessional statement of co-accused and on the basis of which police has arrested the petitioner. Counsel further submits that charge has already been framed and evidence of the prosecution witness is going on but none of the prosecution witnesses has disclosed the name of the petitioner. Counsel further submits that other co-accused persons have been granted bail by this Court vide orders dated 17.02.2024 and 31.07.2024 passed in Cr. Misc. Nos. 7020 of 2024 and 54438 of 2024 respectively. Counsel also submits that the petitioner is in custody since 31.05.2023 and is accused in four more criminal cases, in which he is persuading for bail.

5. Learned counsel for the State opposes the prayer for bail and submits that charge has been framed and prosecution evidence has been started.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on being satisfied by the trial Court that the petitioner is not absconding in any of the cases pending against 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 court of 1st Additional District Judge, Naugachia, in

Patna High Court CR. MISC. No.59885 of 2024(2) dt.04-09-2024 3/3 connection with S. Tr. No. 741 of 2023 arising out of Naugachia P.S. Case No. 50 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. Pending cases are mentioned as follows:- (i) Naugachia P.S. Case No. 53 of 2023 (ii) Kharik P.S. Case No. 24 of 2023 (iii) Kharik P.S. Case No. 57 of 2023 (iv) Naugachia P.S. Case No. 72 of 2020 (Dr. Anshuman, J.) Aman Kumar/- U T