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Patna High CourtCR. MISC./41594/2023allowed

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

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41594 of 2023 Arising Out of PS. Case No.-138 Year-2014 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Pravin Kumar @ Pravin Yadav @ Pravin Kumar Yadav S/O- Subhash Yadav Village- Dimaha Diyara Ps- Ismailpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. As per allegation in the FIR, when the informant was going to Dumaria from Bhagalpur in the meantime three unknown miscreants armed with pistol on motorcycle overtook the informant. They assaulted the informant with fist and slaps and snatched the key of informant's motorcycle and thereafter they fled away from the place of occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. The

Patna High Court CR. MISC. No.41594 of 2023(2) dt.14-07-2023 2/2 petitioner is not named in the F.I.R. Neither the looted motorcycle has been recovered from the conscious possession of the petitioner nor the petitioner has been put on T.I.P. till date. Similarly situated co-accused namely Muneshwar Kumar @ Muneshwar Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 27.04.2022 passed in Cr. Misc. No. 70162 of 2021. It is also submitted that petitioner is languishing in judicial custody since 12.02.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Jagdishpur (Goradih) P.S. Case No. 138 of 2014 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 Additional Chief Judicial Magistrate-VII, Bhagalpur.

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