Patna High CourtCR. MISC./8457/2024bail granted

Mukesh Yadav v. The State Of Bihar

2024-02-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8457 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== MUKESH YADAV Son of Sri Dinesh Yadav Resident of VillageMahamadpur Khaje, P.S.-Karja, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

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

2. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 252 of 2023 dated 19.10.2023 registered for the offence(s) punishable under Section(s) 395 of the Indian Penal Code

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the F.I.R., during investigation, his name came in light in the statement of co-accused Vikash Kumar alias Vikash given before the police, and thereafter, the petitioner was arrested but police failed to recover any incriminating material or any part of the looted materials from his possession and the petitioner has

Patna High Court CR. MISC. No.8457 of 2024(2) dt.19-02-2024 2/2 got no criminal antecedent and has been languishing in jail since 08.11.2023 and during investigation none of the prosecution witnesses claimed to have seen the petitioner as being involved in any act of dacoity.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the facts that in respect of petitioner's involvement in the alleged crime, the prosecution is merely relying upon the confessional statement of the co-accused person as appears from the impugned order, the petitioner has got no criminal antecedent and he has been languishing in custody since 08.11.2023 and investigation has been completed against him, in the said circumstances petitioner deserves to be released on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Bhagwanpur P.S. Case No. 252 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) amitkr/- rajiv/- U T