Nandan Kumar Yadav @ Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9088 of 2024 Arising Out of PS. Case No.-89 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== NANDAN KUMAR YADAV @ NANDAN YADAV S/O LAKSHMAN YADAV R/O VILLAGE- GOSAI TOLA, WARD NO. 12, RAGHOPUR BALAL, P.S- RAJNAGAR, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with G.R. No. 1266 of 2023 arising out of Bhairav Asthan P.S. case No. 89 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that four unknown miscreants intercepted the informant and his cousin brother and assaulted them and also snatched the motorcycle, mobile

Patna High Court CR. MISC. No.9088 of 2024(4) dt.10-05-2024 2/3 phones, ATM cards and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Ajay Mahto. No incriminating article has been recovered from the conscious possession of the petitioner. Except confessional statement of the co-accused there is no material against this petitioner. The co-accused person has already been granted bail regular bail by a Coordinate Bench of this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 15147 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhairav Asthan P.S. case No. 89 of

Patna High Court CR. MISC. No.9088 of 2024(4) dt.10-05-2024 3/3 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Alok Verma/- U T