Nepali @ Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8694 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== NEPALI @ VIKASH YADAV Son of Umesh Singh R/V- Pritampur, PSCharpokhari, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 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 section 394 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the informant alleged that while he was at Kornaul near Babul tree, three unknown miscreant boarded on a motorcycle snatched his bag containing ornaments. It is further alleged that the accused persons also fired upon him.

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 on the basis of suspicion. Neither the

Patna High Court CR. MISC. No.8694 of 2023(2) dt.17-04-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner has not been put on TI Parade rather his name has been transpired in this case on the basis of confession made by himself, which is inadmissible in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 21.10.2022.

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 Charpokhari P.S. Case No. 193 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojput at Ara. (Sunil Kumar Panwar, J) Amandeep/- U T