Allowed

Gopal Yadav v. The State of Bihar

Patna HC8 Aug 2022CR. MISC./22960/2022

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner in a criminal matter alleging robbery conspiracy under Section 392 IPC, imposing standard conditions including appearance before the trial court and police station.

What did the court decide?

Released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount each, subject to conditions of appearance and reporting to authorities.

Gopal Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22960 of 2022

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Arising Out of PS. Case No.-200 Year-2021 Thana- TRIVENIGANJ District- Supaul

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======================================================

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Gopal Yadav, S/o Late Nageshwar Yadav R/o village- Maura Ramnagar, Kabiyahi, Ward No. 07, P.S.- Shankarpur, District- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar, Advocate For the Opposite Party/s : Mr.Mohammad Sufyan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 08-08-2022

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Heard learned counsel for the petitioner and the

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learned APP for the State.

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Let the defect(s) be removed within four weeks of the

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complete start of the physical Court in normal course.

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The petitioner is in judicial custody in connection with Triveniganj P.S. Case No.200/2021 instituted under Section 392 of the Indian Penal Code.

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The allegation in the FIR is that the informant while returning after collection of amount on 29.06.2021 was looted of Rs.73,265/- by the four unknown accused persons who overtook his motorcycle and pointed the revolver towards him. Beside the aforesaid amount, it is further alleged that he also snatched his mobile phone. As all of them were masked, he could not identify any of them. Accordingly, FIR was registered against unknown. Subsequently, one Sanjeev Kumar @ Sanjeev

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Patna High Court CR. MISC. No.22960 of 2022(3) dt.08-08-2022 2/3

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Yadav was apprehended and on his confessional statement, the name of the petitioner cropped up.

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Learned counsel for the petitioner submits that the person on whose confessional statement he has been implicated in this case and is in judicial custody since 29.07.2021, has since been granted bail vide Cr. Misc. No.10462 of 2022 on 01.08.2022 by a co-ordinate Bench of this Court. Beside he also submits that the other co-accused namely Sandeep Kumar @ Mithul Yadav @ Mithul, Mukesh Kumar have also been granted bail vide Cr. Misc. No.15654 of 2022 dated 01.08.2022.

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Let the same be kept on record.

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Considering the aforesaid fact that the name of the petitioner has been cropped up during the confessional statement of Sanjeev Kumar who has since been granted bail, he is in custody since 29.07.2022 and charge-sheet stands submitted as also some similar situated accuseds have been granted the privilege of bail, this Court is inclined to grant him privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

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Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Triveniganj

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Patna High Court CR. MISC. No.22960 of 2022(3) dt.08-08-2022 3/3

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P.S. Case No.200/2021 to the satisfaction of learned A.C.J.M., Ist, Supaul, subject to following conditions:

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(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide ;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

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(iii) he shall appear before the concerned police station every fortnight till conclusion of the trial to mark his presence;

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(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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With the aforesaid observations, the bail application is

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allowed.

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(Rajiv Roy, J)

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Prakash Narayan /- U T

Gopal Yadav v. The State of Bihar

Case brief

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Gopal Yadav v. The State of Bihar

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