Allowed¶15

Mohit Yadav v. The State of Bihar

Patna HC8 Feb 2024CR. MISC./4397/2024

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court Cr. Misc. No. 4397 of 2024, order dt. 08-02-2024, Sunil Kumar Panwar J; Mirganj P.S. Case No. 264 of 2023, Gopalganj; Ss. 399, 402, 414 IPC; Ss. 25(1-b)(a), 26/35 Arms Act; gathering/conspiracy of anti-social elements; tip-off; recovery of country-made pistol with three live cartridges from petitioner; judicial custody since 17.07.2023; parity with co-accused Shubham Chaurasia (Cr. Misc. No. 62782 of 2023); bail bond Rs. 10,000 with two sureties; Additional Sessions Judge-III, Gopalganj.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- (two sureties of the like amount each) to the satisfaction of the learned Additional Sessions Judge-III, Gopalganj, in connection with Mirganj P.S. Case No. 264 of 2023. ¶15

Mohit Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, languishing in judicial custody since 17.07.2023 in connection with Mirganj P.S. Case No. 264 of 2023 (registered for offences under Ss. 399, 402, 414 IPC and Ss. 25 (1-b)a, 26(i)/35 Arms Act), should be enlarged on regular bail.

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Ratio / Principle

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail.

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Key takeaways

The petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-III, Gopalganj, in connection with Mirganj P.S. Case No. 264 of 2023.ratio¶15

Detailed headnote1 paragraphs

Mohit Yadav v. The State of Bihar — Patna High Court, Criminal Miscellaneous No. 4397 of 2024, order dated 08-02-2024 (Sunil Kumar Panwar, J). Regular bail granted to the petitioner, who was languishing in judicial custody since 17.07.2023, in connection with Mirganj P.S. Case No. 264 of 2023, District Gopalganj, registered for offences under Sections 399, 402, 414 of the Indian Penal Code and Sections 25 (1-b)a, 26(i)/35 of the Arms Act. Prosecution case: acting on a tip-off about a gathering of 5-6 anti-social elements hatching a conspiracy, police apprehended six accused including the petitioner and recovered a country-made pistol loaded with three live cartridges, a mobile phone and a yellow-coloured half shirt from his possession. Petitioner pleaded false implication and parity with similarly situated co-accused Shubham Chaurasia, already enlarged on bail in Cr. Misc. No. 62782 of 2023. Considering the facts and circumstances, the Court enlarged the petitioner on bail on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Gopalganj.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4397 of 2024

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Arising Out of PS. Case No.-264 Year-2023 Thana- MIRGANJ District- Gopalganj

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

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Mohit Yadav SON OF Sunil Yadav Resident Of Village- Bishunpura, PsBhatpar Rani, Distt- Deoria UP ... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepankar Raj For the Opposite Party/s : Mr.Manoj Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 08-02-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and sections 25 (1-b)a, 26(i)/35 of the Arms Act.

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Prosecution case relates to gathering of 5-6 antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended six accused persons including the petitioner, on interrogation, they could not give any satisfactory answer for their gathering and recovered arms from their possession. On search, one country made pistol loaded with three live cartridges, mobile, yellow colour half

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Patna High Court CR. MISC. No.4397 of 2024(2) dt.08-02-2024 2/3

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shirt was recovered from the possession of the petitioner.

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It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The Vehicle in question belongs to Shubham Chaurasia (co-accused) who was also arrested on spot. Save and except suspicion, no consistent material has come during investigation to show the involvement of the petitioner in the present case. Similarly situated other accused person, namely, Shubham Chaurasia has already been enlarged on bail by this Court vide order dated 9.10.20923 passed in Cr. Misc. No. 62782 of 2023. Petitioner is languishing in judicial custody since 17.7.2023.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

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Patna High Court CR. MISC. No.4397 of 2024(2) dt.08-02-2024 3/3

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of the learned Additional Sessions Judge-III, Gopalganj in

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connection with Mirganj P.S. Case No. 264 of 2023.

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(Sunil Kumar Panwar, J)

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sushma/-

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Mohit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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