Badal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69734 of 2019 Arising Out of PS. Case No.-183 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== BADAL YADAV S/o Late Madan Yadav R/o village- Naya Tola, Jurabganj, P.S.- Kodha, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajgir P.S. Case No. 183 of 2019 for the offence registered under Sections 420, 467, 468, 471, 414, 411 and 120(B) of the Indian Penal Code.

The accusation is that on receiving information that six persons were moving on two motorcycles near State Bank of India, Rajgir Branch, the informant, along with other police personnel, reached there. On seeing the police party all the accused persons started to flee away, however, they were apprehended, and upon enquiry, they disclosed their names as Badal Paswan, Ganit Yadav, Badal Yadav (the petitioner), Vishal Kumar, Nehsu Kumar and Pintu Kumar. At that time, on

Patna High Court CR. MISC. No.69734 of 2019(2) dt.10-01-2020 2/3 search, petitioner was found in possession of mobile phones. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case and the admitted fact is that neither it has been alleged that the petitioner has committed any criminal offence nor any stolen property has been recovered from the petitioner herein. Lastly, it is submitted that the petitioner is languishing in custody since 15.05.2019. At this juncture, it is further submitted that similarly situated co-accused persons have already been granted regular bail by coordinate Benches of this Court vide orders dated 11.12.2019 and 07.01.2010 passed in Criminal Misc. No. 71290 of 2019 and Criminal Misc. No. 83378 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with those of the co-accused persons, who have already been granted bail, I deem it fit and proper to direct the petitioner herein to be released on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.69734 of 2019(2) dt.10-01-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 183 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T