Abhayanand Yadav @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5707 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- GOPALPUR District- West Champaran ====================================================== Abhayanand Yadav @ Abhay Kumar, aged about 23 years,male, Son of Rejent Yadav @ Ramesh Yadav, R/o Village- Jagranathpur, P.S.- Gopalpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 16.11.2018 in a case registered for the offences punishable under Section 394 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of Sandeep Prasad Chaudhary, dated 21.08.2018, submitted to the Station House Officer, Gopalpur Police Station, is to the effect that on the same day, the informant being the Manager of a non-banking financial company, namely, Bharat Finance Inclusion Limited received an information through mobile phone that the Joint Manager, namely, Mintu Kumar has been shot by three unknown persons and Rs. 1,38,000/, a Samsung Tab and one

Patna High Court Cr.Misc. No.5707 of 2019(2) dt.01-02-2019 2/2 Bio-metric machine have been taken away by them. It is alleged that the name of the petitioner sprang up on the confession of apprehended co-accused, Rajesh Yadav and Munna Kumar Sah. It is submitted by learned counsel for the petitioner that neither the petitioner has been put on T.I. Parade, nor has recovery been made from him. A statement has been made in the petition that though the petitioner is involved in two other cases, but in those cases, he is on bail.

Learned APP submits that the name of the petitioner sprang up on the confession of co-accused persons.

Considering the fact that no recovery has been made from the petitioner and period under custody, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 116 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T