Kamlesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17660 of 2023 Arising Out of PS. Case No.-426 Year-2022 Thana- AMAS District- Gaya ====================================================== KAMLESH KUMAR YADAV Son of Kishori Yadav R/V- Jhuti Tola Kusha, P.S- Amas, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Jamil Akhtar For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 387, 386/34 of the Indian Penal Code.

The prosecution case, in brief, is that the informant along with co-accused persons have conjointly committed dacoity at the farm of the informant and taken away cash of Rs. 1,50,000/- from counter. Later on, the accused persons have demanded five lacs as extortion from the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather he has falsely been implicated in this case on the basis of suspicion. It is further

Patna High Court CR. MISC. No.17660 of 2023(2) dt.17-05-2023 2/2 submitted that as alleged mobile which was recovered from possession of the petitioner, belongs to him and the same was purchased from Panipat. Neither the petitioner was put on TI Parade no any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 30.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 426 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghati, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T