Abhimanyu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12117 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Abhimanyu Kumar Yadav Son Of Naresh Yadav @ Naresh Kumar Yadav R/O Village- Dudhaila, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jitendra Bharti, Advocate For the State :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Andhramath P.S. Case No. 132 of 2023 instituted for the offence under Sections 401, 413, 414 & 34 of the Indian Penal Code and 25(1-b)a, 26 & 35 of the Arms Act.

3.

Prosecution case in a nutshell is that police on secret information about planning of loot, reached at the place of occurrence. Upon seeing the police three accused persons tried to flee away, but two of them were apprehended. On search one loaded country made pistol and one live cartridge were recovered from co-accused, namely, Shawan Yadav. One motorcycle was also recovered, which belongs to co-accused

Patna High Court CR. MISC. No.12117 of 2024(2) dt.27-02-2024 2/2 Nitish Kumar Yadav.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-08-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner was arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted in this case. 6.

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 of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on 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 Andhramath P.S. Case No. 132 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T