Prakash Yadav @ Karku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39691 of 2022 Arising Out of PS. Case No.-391 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Prakash Yadav @ Karku Son Of Shambhu Yadav Resident Of VillageBhaluna, P.S.- Chandradeep, District- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kawakol P.S. Case no. 391 of 2021 instituted for the offence under Sections 392, 34 of the Indian Penal Code. The prosecution story is that while the informant was returning to his house by motorcycle bearing Reg. No. BR0248112, in the meantime, three persons came there and started assaulting him. It is further alleged that they also snatched his motorcycle from him.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case on the basis of mere suspicion. There is

Patna High Court CR. MISC. No.39691 of 2022(2) dt.02-12-2022 2/2 no such occurrence took place and the name of the petitioner came into light on basis of confessional statement of suspected co-accused namely, Karu Ram, except this no any material found against the petitioner. The said vehicle has not been recovered from the possession of the petitioner. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kawakol P.S. Case no. 391 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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