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Patna High CourtCR. MISC./19738/2022allowed

Sunil Yadav v. The State Of Bihar

2022-09-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19738 of 2022 Arising Out of PS. Case No.-592 Year-2019 Thana- BANKA District- Banka ====================================================== Sunil Yadav S/O- Ghanshyam Yadav Resident Of Village - Pokhariya, P.S. - Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant being truck driver has loaded his truck with sand from Domuhan and started running his truck to Purnea to unload the same. It is alleged that two miscreants wanted to stop the truck and one miscreants hit the informant with a piece of brick. The informant

Patna High Court CR. MISC. No.19738 of 2022(2) dt.28-09-2022 2/3 with the help of other drivers has apprehended one person who disclosed his name as Umesh Yadav and also disclosed the name of the petitioner as his associate. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and only on the basis of confessional statement of co-accused, the petitioner has been roped in the present case. The injury of the informant is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in

Patna High Court CR. MISC. No.19738 of 2022(2) dt.28-09-2022 3/3 connection with Banka P.S. Case No. 592 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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