Lawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73811 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== LAWAN YADAV S/O- LATE PAPPU YADAV @ PAPU YADAV VillageChaparghat PS- Gopalpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. no. 907 of 2023, arising out of Kharik P.S. Case no.57 of 2023 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the informant states that six unknown accused persons looted the informant on gunpoint of Rs.4500 in cash, Aadhaar Card, Pan Card, ATM and various other documents as stated in the FIR.

4. Learned counsel for the petitioner submits that the FIR was registered against six unknown. The name of the petitioner transpired in course of investigation on the information furnished by a spy. No incriminating article has

Patna High Court CR. MISC. No.73811 of 2024(2) dt.29-10-2024 2/3 been recovered from the petitioner's possession, who is in custody since 4.7.2023 and charge-sheet has been submitted in the case. Co-accused have been enlarged on bail vide orders dated 22.2.2024 passed in Cr. Misc. no. 9622 of 2024 and dated 12.7.2024 passed in Cr. Misc. no. 35075 of 2024. Further, charge has been framed in the learned trial Court and the petitioner undertakes to cooperate in the trial.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, grant of bail to co-accused vide aforesaid orders dated 22.2.2024 and 12.7.2024, no incriminating article having been recovered from the petitioner's possession, charge having been framed in the learned trial Court and the petitioner having remained in custody for 1 year 3 months since 4.7.2023, the petitioner is directed to be enlarged on bail in connection with S.Tr. no. 907 of 2023 (arising out of Kharik P.S. Case no.57 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.73811 of 2024(2) dt.29-10-2024 3/3 the learned Additional District and Sessions Judge- III, Naugachia, District-Bhagalpur.

(Partha Sarthy, J) Shiv/- U T