Sharwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61556 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- MOKAMAH District- Patna ====================================================== Sharwan Yadav son of Ramlal Yadav Resident of Vill- Basantpur PS -Lodipur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mokamah P.S. Case No. 68 of 2024 instituted for the offences under Sections 395 & 397 of the Indian Penal Code. 3.

This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected on merit by this Court vide order dated 28.03.2025, passed in Cr. Misc. No. 18323 of 2025, taking into account the fact that there was recovery of truck from the possession of the petitioner.

4.

In compliance of the order dated 29.08.2025, a report dated 08.09.2025, with regard to the present stage of trial

Patna High Court CR. MISC. No.61556 of 2025(3) dt.10-10-2025 2/3 has been received. From perusal of the aforesaid report, it appears that charge in this case is framed on 05.06.2025. It is further reported that no witnesses have been examined in this case hitherto.

5.

Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 19.12.2024 without any rhymes or reason, having three criminal antecedents. Learned counsel for the petitioner mainly submits that there is no likelihood the trial being concluded in the near future, hence, petitioner deserves the privilege of bail. Other coaccused has been granted bail by this Court vide order dated 22.04.2025, passed in Cr. Misc. No. 1009 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mokamah P.S. Case No. 68 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.61556 of 2025(3) dt.10-10-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T