Patna High CourtCR. MISC./73371/2022bail granted

Rajesh Kumar Yadav v. The State Of Bihar

2023-01-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73371 of 2022 Arising Out of PS. Case No.-162 Year-2020 Thana- BHARGAMA District- Araria ====================================================== RAJESH KUMAR YADAV Son of Sikandra Yadav R/V- Fulkaha, Ward no. 20, P.S- Jadia, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 392, 397, 411 and 414 of the Indian Penal Code and Sections 25(1-B)(a), 25(1)(a), 25(1-A), 26 and 35 of the Arms Act. As per the prosecution case, four accused persons on two motorcycles are said to have looted the informant of a total sum of Rs.53,870/- on the point of pistol. It is further stated that two of the accused persons including the petitioner herein were caught. The informant identified the petitioner as the accused who held the pistol on him.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 21.3.2022 (Annexure-1). The petitioner has been

Patna High Court CR. MISC. No. 73371 of 2022(2) dt.04-01-2023 2/2 falsely implicated in the case, he has no criminal antecedent and is in custody since 29.9.2020. He undertakes to cooperate in the trial.

Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the petitioner having remained in custody for more than 1 year since 29.9.2020 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 22 of 2021 (arising out of Bhargama P.S. Case no. 162 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Araria.

(Partha Sarthy, J) avinash/- U T