Askwaid Kumar Yadav @ Askowaid Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10345 of 2024 Arising Out of PS. Case No.-67 Year-2023 Thana- KOTHI District- Gaya ====================================================== Askwaid Kumar Yadav @ Askowaid Kumar Son of Sri Tekari Yadav Resident of Village- Dighasin, Ps- Lutua, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek, Adv.
For the Opposite Party/s :
Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kothi P.S. Case No. 67 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, when the Informant was coming on his motorcycle and reached near bridge of Barakala Road, three unknown persons intercepted him and snatched Rs. 1,64,000/- and a Vivo Company mobile from his possession.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of
Patna High Court CR. MISC. No.10345 of 2024(2) dt.21-02-2024 2/3 confessional statement of co-accused Kamta Kumar. He further submits that the recovered motorcycle was of his relative. No T.I.P. has been conducted either of the petitioner or of the said recovered motorcycle. The petitioner has no concern with the recovered motorcycle. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 25.10.2023. He further submits that the co-accused Kamta Kumar, Mritunjay Kumar and Rahul Paswan have been granted bail by a Co-ordinate Bench of this Court vide orders dated 20.12.2023, 01.11.2023 and 11.10.2023 passed in Cr. Misc. Nos. 82750 of 2023, 68914 of 2023 and 64064 of 2023 respectively.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)
Patna High Court CR. MISC. No.10345 of 2024(2) dt.21-02-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kothi P.S. Case No. 67 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T