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Patna High CourtCR. MISC./72649/2024allowed

Sagar Kumar Yadav v. The State Of Bihar

2024-10-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72649 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Sagar Kumar Yadav, S/O Late Hari Shankar Yadav, R/O Village- Gosai Gawn, P.S- Raj Mahal, Distt.- Sahebganj (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 303(2), 317(5) read with Section 3(5) of the B.N.S.

3. The case of the prosecution is that during the checking of vehicles, police found two persons with a trolley bag were trying to fleeing away. One of them manged to escape but the petitioner was apprehended with a trolley bag and in that trolley bag, odd number of mobiles and sims were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.72649 of 2024(2) dt.08-10-2024 2/2 that the offence is triable by the Judicial Magistrate and punishable for three years. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 03.08.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-V, Danapur, District-Patna in connection with Khagaul P.S. Case No.257 of 2024. (Ashok Kumar Pandey, J) lata/- U T