Patna High CourtCR. MISC./20163/2024bail granted

Dinesh Kumar Yadav v. The State Of Bihar

2024-04-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20163 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Dinesh Kumar Yadav S/o Laxman Yadav R/o vill - Basaban Patti ward no. 04, P.S. - Karjaen, Distt - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Birpur P.S. Case No. 268 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, unknown miscreants assaulted the informant and his uncle while they were going by a motorcycle. Thereafter, they snatched the mobile and motorcycle of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Name of the

Patna High Court CR. MISC. No.20163 of 2024(3) dt.26-04-2024 2/2 petitioner has transpired on the basis of self confession made before the police which has no evidentiary value. The petitioner is in custody since 05.11.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 05.04.2024 passed in Cr. Misc. No. 25369 of 2024.

5. Learned APP 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, taking into account the period of custody undergone by the petitioner and claim based on parity, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Birpur P.S. Case No. 268 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T