Hajari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44257 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== HAJARI YADAV SON OF SATYANARAYAN YADAV @ SATYANARAYAN SINGH RESIDENT OF VILLAGEMOHAMMADPUR, PS- SHIVSAGAR, DISTT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuber Pathak, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Kudra P.S. Case No.121 of 2023 dated 11.04.2023 registered for the offence/s punishable under Section/s 414, 419, 420 and 406 of the Indian Penal Code.

3.

As per the prosecution, the informant alleged that this petitioner stealthily snatched his ATM card and started fleeing but thereafter he got caught as he fell into a drain while fleeing.

4.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and one person namely Krishna Kant Yadav instrumentally used this petitioner to commit the alleged

Patna High Court CR. MISC. No.44257 of 2023(2) dt.25-07-2023 2/2 occurrence and the alleged ATM cards which are stated to have been recovered from the possession of this petitioner were provided by the said person and against the petitioner there is simple allegation of committing an attempt to steal money of the informant by using his ATM card which is not a serious offence and petitioner has been languishing in jail since 14.04.2023. 5.

Learned APP appearing for the State opposes the bail prayer.

6.

Heard both the sides and perused the FIR and the seizure list. The petitioner was caught red handed with the ATM card of the informant which was taken by him from the informant on the pretext of helping him to withdraw money from the ATM machine and 12 other ATM cards were also recovered from the possession of this petitioner regarding which he could not provide any proper explanation. Considering the nature of the allegation appearing against the petitioner, this Court is not inclined to accept his bail prayer for the present. Accordingly, his bail prayer stands rejected. The petitioner may renew his bail prayer after framing of charge.

(Shailendra Singh, J) sangam/- U T