Patna High CourtCR. MISC./72109/2024bail granted

Lawan Yadav v. The State Of Bihar

2025-01-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72109 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Lawan Yadav, Male, aged about 28 years, Son of Late Pappu Yadav, Resident of Village- Chaparghat, P.S.- Gopalpur, District- 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. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kharik P.S Case No. 24 of 2023 registered for the offences punishable under Sections 392/34 of the Indian Penal Code and lateron Section 395 and 412 of the Indian Penal Code in which cognizance was taken by the trial Court.

3. As per prosecution case, three accused have snatched Rs. 154367/- and mobile, sim etc. from the informant on gun point.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that

Patna High Court CR. MISC. No.72109 of 2024(2) dt.31-01-2025 2/2 nothing incriminating articles has been recovered from the possession of the petitioner. Petitioner has been made accused only on the basis of self confessional statement. He next submits that petitioner has not put on Test Identification Parade till date.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner that similarly situated co-accused persons namely, Lavkush Yadav and Piyush Yadav have been granted bail by this Court in Cr. Misc. Nos. 15816 of 2024 and 55143 of 2024 vide orders dated 13.03.2024 and 02.08.2024, respectively, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st, Additional Sessions Judge, Naugachia, Bhagalpur in connection with Kharik P.S Case No. 24 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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