Niro Yadav @ Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3838 of 2022 Arising Out of PS. Case No.-72 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== Niro Yadav @ Niranjan Yadav, aged about 40 years (Gender-M), Son Of Late Jhingo Yadav @ Shyam Lal Yadav, R/O Village- Louwa Lagan, P.S.- Chousa, District- Madhepura.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimal Kumar, Advocate For the Opposite Party :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Chausa P.S. Case No. 72 of 2021 for the offence registered under Section 392 of the I.P.C. and Sections 25(1-b) and 26 of the Arms Act.

The prosecution story, in brief, is that co-accused Pankaj Kumar Singh had put the pistol on the head of the

Patna High Court CR. MISC. No.3838 of 2022(2) dt.16-05-2022 2/3 informant and the petitioner snatched Rs. 65,000/- from the pocket of the informant and he also snatched Mobile phone from Noor Mohammad.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. An affidavit of the Notary Public, Madhepura, sworn by the informant has been annexed to the supplementary affidavit as Annexure-2. The said affidavit has been made by the informant in the learned court below where he has retracted from his earlier statement made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the affidavit made by the informant, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udda Kishunganj, Madhepura, in connection with

Patna High Court CR. MISC. No.3838 of 2022(2) dt.16-05-2022 3/3 Chausa P.S. Case No. 72 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T