Patna High CourtCR. MISC./47413/2021bail granted

Mukesh Yadav v. The State Of Bihar

2022-02-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47413 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- BAKHTIARPUR District- Saharsa ====================================================== MUKESH YADAV Son of Jogi Yadav Resident of Goriya Tola, Ward No. 7, Sonpura, P.S. Bakhtiarpur, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 379, 341, 323, 436, 506 and 34 of the Indian Penal Code.

As per the prosecution case, the five named accused persons including the petitioner herein variously armed entered the house of the informant. The informant and others escaped to the house of the neighbours. It is thereafter stated that Pawan Yadav broke up the lock and took away of Rs. 30,000/- and gold ornaments. The accused persons also set the house on fire. While going away, the accused persons threatened the informant that they would be killed if they lodge a case.

Patna High Court CR. MISC. No.47413 of 2021(2) dt.08-02-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 16.5.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Bakhtiyarpur. P.S. Case no. 142 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Bibhash/- U