Sudhir Yadav @ Baba Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13109 of 2024 Arising Out of PS. Case No.-222 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== Sudhir Yadav @ Baba Yadav S/O Hulash Yadav Resident of Village- Barha, P.S.- Chhakarbandha, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Avinash Singh, Advocate For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Imamganj P.S. Case No. 222 of 2023 instituted for the offence under Sections 116, 120B, 399 & 411 of the Indian Penal Code. 3.

As per prosecution case, an assembly of so called anti-social elements, who were planning to rob a scrap dealer, has led to a raid being conducted by the police party. It is further alleged that after seeking tower location of the mobile number, petitioner was arrested and a mobile phone was recovered from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-08-2023. Petitioner

Patna High Court CR. MISC. No.13109 of 2024(2) dt.04-03-2024 2/2 bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. There is recovery of one mobile phone, which belongs to the petitioner. Other co-accused persons have been granted bail by the lower court itself. 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 manner of implication, 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 Imamganj PS. Case No. 222 of 2023.

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