Abhimanyu Kumar Yadav @ Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33028 of 2024 Arising Out of PS. Case No.-535 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== 1.

Abhimanyu Kumar Yadav @ Abhimanyu Kumar Son of Ramesh Yadav R/O Vill.- Ghoraghat, Ward no. 01, P.S.- Forbesganj, Dist.- Araria, Bihar 2.

Raman Kumar Yadav @ Raman Yadav Son of Dinesh Yadav R/O Vill.- Majhua, Gopalpur, Ward No. 08, P.S.- Forbesganj, Dist.- Araria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Narpatganj P.S. Case No. 535 of 2023, registered for the alleged offences under Sections 341, 323, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, three persons robbed the informant of Rs.12,000/- and a mobile phone and the miscreants were under influence of alcohol. Petitioners are said to be two such miscreants.

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Their name transpired in the present case on the basis of confessional statement of co-accused Lalan Kumar Yadav and except for the confessional statement of this co-accused, there is no material against the petitioners to connect them with the offences as alleged. The petitioners have been made accused merely on suspicion and they are

Patna High Court CR. MISC. No.33028 of 2024(3) dt.31-07-2024 2/2 having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and further considering clean antecedent of the petitioners, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, in connection with Narpatganj P.S. Case No. 535 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T