Patna High CourtCR. MISC./65455/2024bail granted

Rajendra Yadav v. The State Of Bihar

2024-09-30Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65455 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Rajendra Yadav S/o Guder Yadav R/o Village- Dharmpur, P.S. Laukaha, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti, Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 625/2023 arising out of Laukaha P.S. Case No. 62 of 2023 dated 13.03.2023 registered for the offences punishable u/ss 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on the basis of the confessional statement of the petitioner, a weapon was used in the murder of Jagarnath Prasad Gupta. On the said information, a raid was conducted in the house of the petitioner, dessi katta, helmet and jacket were recovered.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.65455 of 2024(2) dt.30-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the recovery has been made from the joint house and the petitioner has no concern with the alleged recovery. The petitioner has nine criminal antecedents in which he is on bail in five cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.03.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with S.T. No. 625/2023 arising out of Laukaha P.S. Case No. 62 of 2023 corresponding to G. R. No. 468/2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of

Patna High Court CR. MISC. No.65455 of 2024(2) dt.30-09-2024 3/3 the petitioner is liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T