Ful Babu @ Ful Babu Prasad Yadav @ Ful Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18931 of 2023 Arising Out of PS. Case No.-322 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Ful Babu @ Ful Babu Prasad Yadav @ Ful Babu Rai Son Of Rajendra Prasad Yadav @ Rajendra Ray R/V- Sura Tole Jarang Tekuna P.S- Gaighat DistMuzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

The prosecution case in nutshell is that 7-8 miscreants intercepted the vehicle, containing fevicol, by their Bolero and forcefully made him to sit in the said Bolero vehicle and shoot him on his leg. It is further alleged that they snatched Rs. 5,000/-, mobile phone,

Patna High Court CR. MISC. No.18931 of 2023(2) dt.18-05-2023 2/3 and other documents and fled away with the vehicle of petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused, namely, Raja Kumar and Nand Kishore Rai. Moreover, the petitioner is languishing in judicial custody since 17.08.2022. Similarly situated co-accused persons have been granted bail by co-ordinate Bench of this Court. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.18931 of 2023(2) dt.18-05-2023 3/3 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 in connection with Gaighat P.S. Case No. 322 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, XV, (East) Muzaffarpur.

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