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Patna High CourtCR. MISC./38775/2021bail granted

Pankaj Yadav v. The State Of Bihar

2022-01-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38775 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== PANKAJ YADAV Son of Late Naro Yadav Resident of Village- Bishanpur Jichcho, P.S.- Lodipur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Lodipur P.S. Case No. 11 of 2021 instituted for the offences under Sections 385 and 387/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. The informant in the FIR alleges that accused were illegally collecting toll and one accused Kundan Kumar Yadav was arrested and from his possession Rs.650/- and a mobile was recovered.

Learned counsel for the petitioner submits that based

Patna High Court CR. MISC. No.38775 of 2021(2) dt.11-01-2022 2/2 on the confessional statement of Kundan Kumar Yadav, name of the petitioner transpired and he came to be implicated in the present case. Nothing has been recovered from possession of the petitioner nor any vehicle owner or truck driver complaint regarding illegal collection of toll tax.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.02.2021, charge-sheet has been submitted in this case and the petitioner is a person with clean antecedent let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with Lodipur P.S. Case No. 11 of 2021.

(Satyavrat Verma, J) Kundan/- U T