Bikku Kumar Yadav @ Biku Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35549 of 2023 Arising Out of PS. Case No.-18 Year-2020 Thana- DINARA District- Rohtas ====================================================== Bikku Kumar Yadav @ Biku Kumar Yadav S/O Kanhaiya Yadav R/O VillageChakki Mathura Dera, PS-Brahampur, Dist.-Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Jha For the Opposite Party/s :

Mr.Murli Dhar ====================================================== 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 has prayed for bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per allegation in the FIR, on 13.1.2020, informant with his friends were going to visit Kashi Vishwanath temple, Varanasi from Patna by a car. On a white colour car without number plate four miscreants came there and on gun point they snatched his vehicle and mobile. It is further alleged that on protest, they assaulted and abused to informant and others and took away Rs. 1500/- from his pocket.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. FIR is against unknown. No TIP has been held as yet. Name of the petitioner sprang up in this case on the basis of confessional

Patna High Court CR. MISC. No.35549 of 2023(2) dt.03-07-2023 2/2 statemetn of co-accused Amresh Kumar Chaudhary before the police, which has no evidentiary value in the eye of law. Petitioner remanded in the present case from Itarhi PS Case No. 133 of 2021. No incriminating article has been recovered from possession of the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 14.2.2022 passed in Cr. Misc. No. 23740 of 2021. Petitioner is languishing in judicial custody since 25.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Rohtas in connection with Dinara (Bhanas) P.S. Case No. 18 of 2020.

(Sunil Kumar Panwar, J) sushma/- U