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Patna High CourtCR. MISC./33626/2023allowed

Bambam Yadav v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33626 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Bambam Yadav Son Of Jitan Prasad Yadav R/O Village- Shyam, Ward No.11, P.S.-Gwalpara, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that while the cattle traders were going to the market, in the meanwhile, eight named miscreants along with 2-3 unknown persons intercepted the informant and other cattle traders and looted cash

Patna High Court CR. MISC. No.33626 of 2023(2) dt.03-07-2023 2/3 of Rs. 1,15,000/- and some other valuables.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 13.02.2023 passed in Cr. Misc. No. 39105 of 2022. The petitioner is languishing in custody since 12.12.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Uda-Kishunganj, Madhepura in connection with Uda-Kishunganj P.S.

Patna High Court CR. MISC. No.33626 of 2023(2) dt.03-07-2023 3/3 Case No. 30 of 2022.

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