Kaushal Kumar @ Kaushal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40919 of 2022 Arising Out of PS. Case No.-41 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Kaushal Kumar @ Kaushal Yadav S/O- Arjun Prasad R/O- Village - Masurchak, P.S.- Kako, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 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 connection with Jehanabad (Karauna) P.S. Case No. 41 of 2019 registered under Section 395 of the Indian Penal Code.

It is a case of loot from the truck of the informant and also snatched his money of Rs. 5500/-. Accordingly, the case has been registered.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. It is further submitted that he has falsely been implicated in this present case. The petitioner has not been put on T.I.P. and no any incriminating articles has been recovered from his conscious possession. It is stated in Para-3 of the petition that he has got

Patna High Court CR. MISC. No.40919 of 2022(3) dt.04-01-2023 2/2 no criminal antecedent. The name of the petitioner came into light only on the basis of the confessional statement of co-accused Uday Kumar, which has got no evidentiary value in the eye of law. Similarly situated co-accused namely, Suman Yadav & Jalim Yadav have already been granted bail by a coordinate bench of this court vide order dated 30.4.2019 in Cr. Misc. No. 27001 of 2019 which is annexed as Annexure-2. Petitioner is languishing in judicial custody since 25.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jehanabad (Karauna) P.S. Case No. 41 of 2019 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, Jehanabad. (Sunil Kumar Panwar, J) shubham/- U T