Ghanshyam Kumar@ Ghanshyam Yadav @ Ghanshyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39642 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- AMARPUR District- Banka ====================================================== Ghanshyam Kumar@ Ghanshyam Yadav @ Ghanshyam Son Of Manoj Yadav @ Manju Village- Gonda, Ps- Banka, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amarpur Fullidumar P.S. Case No. 103 of 2024 instituted for the offence under Sections 392 and 411 of the Indian Penal Code.

3.

Prosecution case in short is that informant was accosted with two unknown miscreants, who on the point of pistol looted his motorcycle and cash of Rs. 25,000/-, Aadhaar cards, etc. and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-02-2024. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.39642 of 2024(3) dt.22-10-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has dragged in his case on the basis of confessional statement of co-accused and the same has no evidentiary value in the eyes of law. Petitioner was not put on T.I. Parade. It is alleged that Aadhaar card was recovered from the possession of the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur Fullidumar P.S. Case No. 103 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.39642 of 2024(3) dt.22-10-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T