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Patna High CourtCR. MISC./1031/2025bail granted

Sachin Kumar Yadav @ Sachin Yadav v. The State Of Bihar

2025-02-05Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1031 of 2025 Arising Out of PS. Case No.-446 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Sachin Kumar Yadav @ Sachin Yadav Son of Bechan Yadav villgae - Siswa Barhi Ps- Phulparas, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Phulparas P.S. Case No. 446 of 2022 corresponding to G.R. no. 1587 of 2022 registered for the alleged offences under Sections 392 of the Indian Penal Code.

03. As per prosecution case, three miscreants riding a motorcycle snatched the motorcycle of the informant and they also took away his mobile phone and Rs. 7,000/- in cash. The name of petitioner transpired during investigation for being involved in the robbery.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person

Patna High Court CR. MISC. No.1031 of 2025(2) dt.05-02-2025 2/3 or possession of this petitioner. One of the agnates of the petitioner is an employee of Bihar police and has land dispute with the petitioner's father and under his influence, a number of cases have been lodged against the petitioner and his family members. Altogether seven cases came to be lodged against the petitioner in various sections of IPC. Except for confessional statement of the petitioner taken in Phulparas P.S. Case No. 528 of 2022, there is no material to connect the petitioner with the offence as alleged. The petitioner is a student aged about 21 years and he is in custody since 31.03.2023 and charge has been framed against the petitioner.

05. Learned APP for the State vehemently opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is a habitual offender and accused in altogether seven cases in various sections of IPC including offence under Sections 302 and 120B of the IPC.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and framing of charge, the petitioner above named is directed to 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

Patna High Court CR. MISC. No.1031 of 2025(2) dt.05-02-2025 3/3 Additional Chief Judicial Magistrate-II, Jhanjharpur, DistrictMadhubani in connection with Phulparas P.S. Case No. 446 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T