IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)

CRIMINAL MISCELLANEOUS No.16334 of 2021

Arising Out of PS. Case No.-396 Year-2020 Thana- RANIGANJ District- Araria

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NAVEEN YADAV @ NAVEEN KUMAR S/O BACHCHALAL YADAV R/o

village- Belsara, P.S.- Raniganj, Distt.- Araria

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Anil Prasad Singh, Advocate

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

01-07-2021

Learned counsel for the petitioner undertakes to remove

all the defects as pointed out by office within four weeks after start

of normal functioning of the Court.

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in

connection with Raniganj P.S. Case No. 396/2020 registered for

the offences punishable under Section 392 of the Indian Penal

Code.

As per prosecution story, while the informant after

collecting Rs. 45,500/- at Bhavendra Yadav Centre, Belsara and

reached at Parsahat Belsara near Bajraha Puliya then three

motorcycle borne miscreants looted away Rs. 45,500/- from the

dickey of his motorcycle, Realme 6 mobile etc.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.16334 of 2021(2) dt.01-07-2021

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petitioner has been falsely implicated in this case, petitioner is not

named in the F.I.R. and no incriminating article has been

recovered from his possession and he is in custody since

01.10.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for

regular bail of the petitioner.

Having regard to the facts and circumstances of the case

wherein it is the submission of learned counsel for the petitioner

that the petitioner and the co-accused Ranjan Yadav are from the

same village, petitioner has been made accused on the input of spy

as it is alleged that the petitioner had a talk with the co-accused

Ranjan Yadav from the Sim Card obtained in the name of his

father, the petitioner has, however, not been put on Test

Identification Parade and no incriminating article has been

recovered form his possession, he has otherwise no criminal

antecedent, he has remained in custody in connection with this

case since 01.10.2020, investigation against him is complete but

the trial is not likely to be concluded in near future, this Court

directs release of the petitioner above named on bail on furnishing

of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only)

with two sureties of the like amount each to the satisfaction of

learned A.C.J.M. - VI, Araria, in connection with Raniganj P.S.

Case No. 396/2020, subject to the condition as laid down under

Patna High Court CR. MISC. No.16334 of 2021(2) dt.01-07-2021

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Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the

conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence similar

to the offence of which he is accused, or suspected, of the

commission of which he is suspected, and

(c) that such person shall not directly or indirectly make

any inducement, threat or promise to any person acquainted with

the facts of the case so as to dissuade him from disclosing such

facts to the Court or to any police officer or tamper with the

evidence.

And further condition that the court below shall verify

the criminal antecedent of the petitioner and in case at any stage it

is found that the petitioner has concealed his criminal antecedent,

the court below shall take step for cancellation of bail bond of the

petitioner. However, the acceptance of bail bonds in