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Patna High CourtCR. MISC./33227/2023allowed

Vishal Yadav v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33227 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Vishal Yadav son of Rajesh Yadav Resident of Village- Bhatwaliya, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per F.I.R., the prosecution, in brief, is that while the informant along with his friend went to Bathua and after returning from there one K.M. east at Fulwaria Station unknown criminals on the point of pistol looted away his motorcycle, camera and cash of Rs. 5000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. He has falsely been implicated in this case. Neither any incriminating material has been recovered from the possession of petitioner nor the

Patna High Court CR. MISC. No.33227 of 2023(2) dt.24-06-2023 2/2 petitioner has been put on T.I.P. It is further submitted that the petitioner is languishing in judicial custody since 08.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Uchkagaon P.S. Case No. 172 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj.

(Sunil Kumar Panwar, J) lata/- U T