Patna High CourtCR. MISC./45685/2023allowed

Sintu Yadav v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45685 of 2023 Arising Out of PS. Case No.-207 Year-2017 Thana- KHARIK District- Bhagalpur ====================================================== Sintu Yadav S/O Mahendra Yadav @ Mahendra Prasad Yadav R/O VillageNayatola Bhawanipur, P.S- Kharik, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 386 and 34 of the Indian Penal Code and charge sheet has been submitted under section 392 of IPC.

3. Allegation against the petitioner along with one coaccused person is that they took away the motorcycle of the informant on gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and also the said motorcycle has not been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.45685 of 2023(3) dt.20-09-2023 2/2 20.12.2021.

In pursuance to the direction of this Court, a report dt. 21.08.2023 with regard to the present stage of trial has been received by which it appears that the case is pending for appearance of the parties and complying the provision of Section 207 of the Cr.P.C.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kharik P.S. Case No. 207 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Naugachhia. (Sunil Kumar Panwar, J) Shubham/- U T