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Patna High CourtCR. MISC./56602/2022allowed

Lappu Yadav v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56602 of 2022 Arising Out of PS. Case No.-326 Year-2021 Thana- DUMRAO District- Buxar ====================================================== Lappu Yadav Son Of Rameshwar Singh @ Rameshwar Yadav Resident Of Village - Baraki Bharauli, P.S.- Nawanagar, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 400, 401, 402, 412 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act. The prosecution case as per F.I.R is that on getting information that miscreants have assembled to commit some offence, the informant raided the place and apprehended seven accused persons including the

Patna High Court CR. MISC. No.56602 of 2022(4) dt.28-02-2023 2/3 petitioner. From the possession of the petitioner, cash of Rs. 22,500 and a Samsung mobile phone were recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner claims the recovery of cash to be his own money. Moreover, other similarly situated coaccused has already been granted bail by a coordinate Bench of this Court vide order dated 19.07.2022 passed in Cr. Misc. No. 15937 of 2022. The petitioner is languishing in custody since 19.08.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.56602 of 2022(4) dt.28-02-2023 3/3 satisfaction of learned Additional District Judge-IX, Buxar in connection with Dumraon P.S. Case No. 326 of 2021(Sessions Trial No. 292 of 2021).

(Sunil Kumar Panwar, J) Shageer/- U T