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Patna High CourtCR. MISC./19058/2024bail granted

Kishun Yadav @ K.K. Shahav @ Manish Yadav v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19058 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Kishun Yadav @ K.K. Shahav @ Manish Yadav S/o Lalit Yadav R/o vill - Vajitpur, P.s. - Manigachhi, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manigachhi P.S. case No. 240 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that four unknown miscreants boarded on two motorcycles looted Rs. 11,00,000/- from the informant and other persons on the gunpoint 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

Patna High Court CR. MISC. No.19058 of 2024(2) dt.15-03-2024 2/2 the co-accused Devesh Kumar Jha. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern the looted amount. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.11.2023 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Manigachhi P.S. case No. 240 of 2023.

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