Mahabir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23776 of 2019 Arising Out of PS. Case No.-438 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Mahabir Yadav Son of Rambilash Yadav Resident of Village- Bhagwan Bigha, P.S.- Daudnagar, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 438 of 2018 registered under Section 392 of the Indian Penal Code.

Four unknown miscreants are said to have looted Rs. 1,80,000/- of the informant and several mobile phones of the informant and his colleagues on the point of pistol. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case at the instance of his enemy and due to dirty village politics. He is neither named in the FIR nor was apprehended on the spot nor any incriminating article

Patna High Court CR. MISC. No.23776 of 2019(2) dt.12-04-2019 2/2 has been recovered from his conscious physical possession. He was not put on TIP. There is nothing on record indicating the complicity of the petitioner in the occurrence. He has been languishing in custody since 29.12.2018.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 438 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T