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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16990 of 2024 Arising Out of PS. Case No.-444 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Anil Yadav @ Anil Kumar Yadav S/O Late Ramanand Yadav R/O VillageBantariya, P.S- Bhore, District- Gopalganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anand Vardhan, Adv.

For the State :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code.

3. As per FIR, on 05.09.2023, in night, accused persons barged into the house and took away two suitcases and two boxes from the house of the informant. It is further alleged that after some distance, miscreants have dismantle the alleged boxes and suitcases and took away ornaments money kept in it and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Neither the petitioner is named in the FIR nor put on TIP. There is no eye-witness of the

Patna High Court CR. MISC. No.16990 of 2024(2) dt.14-03-2024 2/2 alleged occurrence. His name surfaced in this case on the basis of confessional statement of co-accused persons, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that other co-accused has already been granted bail by this Bench vide order dated 08.01.2024 passed in Cr. Misc. No. 84444 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Bhore P.S. Case No. 444 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T