Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18998 of 2020 Arising Out of PS. Case No.-1003 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== KAILASH YADAV Son of Late Laxman Yadav Resident of Village-Madhu Chowk, Barari, P.S.-Barari, District-Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Brijnandan Prasad, the learned counsel for the petitioner and Dr. Ajeet Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Kotwali (Barari) P.S. Case No. 1003 of 2019 for the offence punishable under Section 379, 506/34 and other allied sections of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having entered in the house of the informant after breaking the door, whereafter they had stolen inverter and the battery. The stolen battery is stated to have been

Patna High Court CR. MISC. No.18998 of 2020(2) dt.09-06-2020 2/2 recovered from the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 15.11.2019. It is further submitted that though the petitioner is an accused in two other cases, but he is on bail in the said two cases. Per contra, the learned APP appearing for the State as also the learned counsel appearing for the informant have vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. According, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 1003 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T