Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26683 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Vinay Yadav SON OF TULSI YADAV Resident of Village - NAYA TOLA, JURABGANJ, PS- KODHA, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shekhpura P.S. Case No. 492 of 2023 instituted for the offence under Sections 392 of the Indian Penal Code.

3.

As per prosecution case, the allegation against three unknown persons is that they boarded on a motorcycle came and on the point of weapon snatched the bag and mobile of the informant and fled away with the bag containing Rs. 30,386/-. 4.

It has been submitted on behalf of the petitioner that the petitioner was remanded in this case on 16.10.2023,

Patna High Court CR. MISC. No.26683 of 2024(2) dt.03-04-2024 2/3 since then he is languishing in judicial custody. Petitioner bears three criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any incriminating article has been recovered from his conscious possession. Charge sheet has been submitted in this case. Co-accused person has already been granted bail by this Court by order dated 04.03.2024 passed in Cr. Misc. No. 13167 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, claim based on parity, custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura

Patna High Court CR. MISC. No.26683 of 2024(2) dt.03-04-2024 3/3 P.S. Case No. 492 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U