Subodh Kumar Yadav @ Subodh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71767 of 2024 Arising Out of PS. Case No.-263 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Subodh Kumar Yadav @ Subodh Yadav Son of Prem Yadav VillageMajhariya, Ps- Majhauliya, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 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 Sugauli P.S. Case No. 263 of 2024 dated 16.06.2024 registered for the offences punishable u/s 393 of the Indian Penal Code.
3. As per the prosecution case, three unknown miscreants are alleged to have assaulted the informant's brother with Danda. When the informant went to rescue, all the accused persons also assaulted him and one of them assaulted him with knife on his neck which hit his hand causing injury. Thereafter, all the accused persons tied them with Gamchha and looted his motorcycle, a mobile phone worth Rs. 22,000/- and a smart
Patna High Court CR. MISC. No.71767 of 2024(3) dt.29-11-2024 2/3 watch worth Rs. 2500/-.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the course of the investigation. No TIP has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. Similar situated co-accused person has already been granted bail by this Court vide order dated 30.09.2024 passed in Cr. Misc. No. 65050 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the said looted mobile has been recovered from the beneath of the bed of the petitioner which shows the involvement of the petitioner in the said occurrence.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the
Patna High Court CR. MISC. No.71767 of 2024(3) dt.29-11-2024 3/3 like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Sugauli P.S. Case No. 263 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T