Brij Yadav @ Brij Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36564 of 2023 Arising Out of PS. Case No.-46 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== BRIJ YADAV @ BRIJ KUMAR YADAV Son of Ram Chandra Yadav Resident of village - Joda Fatak, Kabristan Road, Dhanaar, P.S. - Dhansaar, Distt. - Dhanbad (Jharkhand) ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Superintendent of Police Economic Offence wing, Patna (Bihar) Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhramveer For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, learned counsel for the E.O.U. and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 406, 420, 465, 467, 468, 471 of the Indian Penal Code later on added Section 120B of the IPC and Sections 13(i)(d), 13(i)(A) read with Section 13(2) of the Prevention of Corruption Act.
3. The main allegation is against co-accused Sunil Kumar Roy, who is said to have defrauded and cheated the Bank by obtaining public money on the basis of forged and fabricated document.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.36564 of 2023(3) dt.26-07-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Dharmendra Sah @ Dharmendra Sao, which has got no evidentiary value in the eyes of law. There is no any direct cogent material/evidence has come against the petitioner to show his involvement in the said occurrence. Nothing incriminating/forged documents have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 16.10.2015 passed in Cr. Misc. No. 31321 of 2015 and its analogous cases. He is languishing in judicial custody since 12.01.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the E.O.U.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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
Patna High Court CR. MISC. No.36564 of 2023(3) dt.26-07-2023 3/3 satisfaction of the learned Court below in connection with Economic Offences, Bihar P.S. Case No. 46 of 2013. (Sunil Kumar Panwar, J) arish/- U T