Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32003 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- MANSAHI District- Katihar ====================================================== Prakash Yadav Son of Sikendra Yadav @ Sikendra Yadav, Resident of Village- Ratanpur Siztola, P.S.- Manihari, DIST- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mansahi P.S. Case No.115 of 2023, registered for the offences punishable under Sections 394, 411, 413 of the Indian Penal Code.

3. As per the prosecution case, petitioner along with other two co-accused persons looted Rs.10,000/- and other articles such as ATM card, Aadhar Card, Vivo Mobile etc. from the informant when he was returning his home and they also assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no looted cash or article has been recovered from the conscious possession of the petitioner, his name has been transpired in this case during the investigation on

Patna High Court CR. MISC. No.32003 of 2024(3) dt.21-06-2024 2/2 the basis of confessional statement of co-accused Md. Tasweer. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail. He further submits that chargesheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence by the petitioner. Learned counsel submits that similarly situated co-accused namely Tasveer @ Md. Tasveer has already been granted bail by this Court vide order dated 15.01.2024 passed in Cr. Misc. No.85857 of 2023. He further submits that petitioner shall co-operate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No.115 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T