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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42713 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Amod Kumar Yadav @ Amod Kumar son of Sri Rameshwar yadav VillageShri Nagar Ps- Shri Nagar Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Banmankhi P.S. Case No. 169 of 2023 dated 21.04.2023, lodged under Section 394 of the I.P.C. and later added Section 411 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons, who were sitting in the Indica Car, against whom the allegation of robbery with the informant is there.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.42713 of 2023(2) dt.14-07-2023 2/3 Counsel submits that the name of the petitioner has figured in this case by virtue of the allegation that the mobile, which was alleged to be subject to robbery, has been recovered from the possession of the petitioner's wife.

6. Learned counsel for the petitioner further submits that the antecedent of the petitioner is clean and he is in custody since 23.04.2023. Counsel submits that the petitioner is a law abiding citizen and he shall appear periodically whenever Court shall require his appearance.

7. Learned counsel for the petitioner further submits that the petitioner was neither put on T.I.P. nor T.I.P. of the seized article has been made. Counsel further submits that the offence in which petitioner has been charged is magisterial triable in nature.

8. Learned counsel for the State opposes the prayer for bail.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Banmankhi P.S. Case No. 169 of 2023, subject to the

Patna High Court CR. MISC. No.42713 of 2023(2) dt.14-07-2023 3/3 conditions as laid down under Section 437(3) of Cr.P.C.

10. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T