Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4800 of 2023 Arising Out of PS. Case No.-85 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== NIRANJAN YADAV S/o Faglu Yadav R/o Village- Pokhariya, P.S.- Banka, Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 395, 411, 34 of the Indian Penal Code.

As per prosecution case, while the informant was returning after collecting amount of Rs. 67,010/-, in the meantime, three miscreants intercepted him and snatched collected cash along with his motorcycle and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from

Patna High Court CR. MISC. No.4800 of 2023(2) dt.06-04-2023 2/2 his conscious possession. The name of the petitioner has sprang up in this case on the basis of confession made by co-accused Manoj Das who is already getting the privilege of bail granted by co-ordinate Bench of this Court passed in Cr. Misc. No. 20528 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 1.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Simultala P.S. Case No. 85 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

(Sunil Kumar Panwar, J) Amandeep/- U T