Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24369 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- KURTHA District- Jehanabad ====================================================== Binod Yadav, Son Of Vakil Yadav, R/O Village- Shiva Bigaha, P.S.- Kalpa OP, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kurtha P.S. Case no. 144/2022 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant who was going on motorcycle along with his wife was stopped and looted by four accused persons. Subsequently, on the informant returning with others, one of the accused persons namely, Bijendra Yadav was caught. The said Bijendra Yadav on inquiry disclosed the name of the other three co-accused including the petitioner herein.

4. It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in the confessional statement of co-accused Bijendra Yadav made before police and

Patna High Court CR. MISC. No.24369 of 2023(2) dt.18-05-2023 2/2 the said Bijendra Yadav has been enlarged on bail vide order dated 11.1.2023 (Annexure-2) passed in Cr. Misc. no.56432 of 2022. The petitioner is in custody since 21.12.2022 and chargesheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, grant of bail to co-accused Bijendra Yadav vide aforesaid order dated 11.1.2023, on whose confessional statement made before police the name of the petitioner transpired together with the petitioner having remained in custody for 4 months since 21.12.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kurtha P.S. Case no. 144/2022 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 Sub-Divisional Judicial Magistrate, Arwal.

(Partha Sarthy, J) avinash/- U T