Shatrughna Kumar @ Shatrughna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61405 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- DHAKA District- East Champaran ====================================================== SHATRUGHNA KUMAR @ SHATRUGHNA YADAV Son of Late Anandi Rai @ Late Anandi Yadav Resident of Village-Mishrauliya, P.S.-Chiraiya, Dist-East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 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 Dhaka P.S. Case No. 27 of 2023 dated 20.01.2023 registered for the offences punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and two other co-accused persons are alleged to have broken the dicky of the motorcycle of the informant and fled away with Rs. 6,00,000/- in cash on motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.61405 of 2023(2) dt.12-09-2023 2/3 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in eight other criminal cases out of which he is on bail in 4 criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2023.

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, Dhaka, East Champaran at Motihari in connection with Dhaka P.S. Case No. 27 of 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 bonds of the petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the

Patna High Court CR. MISC. No.61405 of 2023(2) dt.12-09-2023 3/3 prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T