Gopal Yadav @ Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19322 of 2023 Arising Out of PS. Case No.-680 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== GOPAL YADAV @ GOPAL SINGH Son of Late Shankar Dayal Singh Resident of Village - Kanchan Tola, P.S.- Kachhawan, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 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 395 of the Indian Penal Code.

As per the prosecution case, five miscreants looted a cash box containing Rs. 1,00,456/-, a mobile phone and the other important documents on the point of pistol from the informant's petrol pump.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted

Patna High Court CR. MISC. No.19322 of 2023(3) dt.20-07-2023 2/2 that nothing looted article has been recovered from his conscious possession rather one motorcycle and one mobile were recovered from his possession and the same belong to him. Similarly situated co-accuse has already been granted bail by this Court vide order dated 17.05.2023 passed in Cr. Misc. No. 18850 of 2023. The petitioner is languishing in judicial custody since 21.01.2023.

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 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 Daudnagar P.S. Case No. 680 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 S.D.J.M., Daudnagar, Aurangabad. (Sunil Kumar Panwar, J) Manishkumar/- U T