Chandra Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44990 of 2024 Arising Out of PS. Case No.-27 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Chandra Kishor Yadav son of Late Thakko Yadav Village- Pakari Ps- Alinagar Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghanshyampur P.S. Case No. 27 of 2021 dated 11.02.2021, lodged under Section 396 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against one named and other unknown accused persons against whom there is an allegation that they have assaulted the informant and committed loot in his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR and his name has come in this case only by virtue of the confessional statement of the co-accused namely Saroj Yadav to whom regular bail has been granted by this Court. Counsel further

Patna High Court CR. MISC. No.44990 of 2024(3) dt.30-08-2024 2/2 submits that nothing incriminating has been recovered from the petitioner's possession nor he was put on TIP. Counsel submits that the criminal antecedent of the petitioner is clean and he is in custody since 25.12.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that though the petitioner is not named in the FIR and nothing incriminating has been recovered from his possession, but co-accused Saroj Yadav has disclosed the name of the petitioner in commission of crime and different articles have been recovered upon the disclosure of coaccused Saroj Yadav.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Ghanshyampur P.S. Case No. 27 of 2021, subject to the conditions as laid down U/s 437(3) Cr.P.C.

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