Sachin Kumar Yadav @ Ajit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70829 of 2024 Arising Out of PS. Case No.-247 Year-2022 Thana- JHANJHARPUR District- Madhubani ====================================================== Sachin Kumar Yadav @ Ajit Yadav Son of Bechan Yadav Resident of VillageSiswabarhi, P.S- Phulparas, District- Madhabani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Jhanjharpur (ASOP) P.S. Case No. 247 of 2022 registered for the alleged offences under Section 394 of the Indian Penal Code.

03. As per prosecution case, three motorcycle borne miscreants stopped the motorcycle of the informant and snatched Rs. 3,000/- cash, I.D. Card, Driving License, Aadhar Card, mobile phone and motorcycle from him at gunpoint. The name of the petitioner transpired during investigation as one of the accused persons involved in the robbery.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.70829 of 2024(2) dt.03-10-2024 2/3 case and nothing incriminating has been recovered from the person or possession of this petitioner. Learned counsel further submits that one of the agnates of the petitioner is a police personnel and there is land dispute between father of the petitioner and the said person and due to this fact, the petitioner, who is a student, has been made accused in a number of cases. The petitioner has antecedent of 07 cases, but in all cases he has been falsely implicated and was not initially named in the FIR. Learned counsel further submits that till date no TIP has been held. Charge sheet has been submitted and cognizance has taken on 10.04.2023 but no charge has been framed. The petitioner is in custody since 28.11.2022 when he was remanded from Phulparas P.S. Case no. 528 of 2022.

05. Learned APP for the State vehemently opposes the prayer for bail. Learned APP submits that the petitioner appears to be a habitual offender and he has been accused in a number of cases including the case of heinous offence.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge-sheet and the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.70829 of 2024(2) dt.03-10-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Jhanjharpur, DistrictMadhubani/court concerned in connection with Jhanjharpur (ASOP) P.S. Case No. 247 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T