Sunil Yadav @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48118 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- AMAS District- Gaya ====================================================== Sunil Yadav @ Sunil Kumar Son of Late Girish Yadav Resident of Village - Parsawan Khurd Tola - Meghanadih, P.S. - Roshanganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Amas P.S. Case No. 332 of 2023 registered for the offences punishable under Section 392 of the Indian Penal Code.

3. As per prosecution case, three unknown miscreants looted the Pulsar motorcycle bearing Regd. No. JH03U-8047 on the point of pistol. It is alleged that the miscreants also snatched keys of the blood bank, badge and other documents from the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his

Patna High Court CR. MISC. No.48118 of 2024(2) dt.12-07-2024 2/3 name has transpired in this case on the basis of the confessional statement of co-accused namely Ajay Kumar @ Shallu Yadav. Save and except confessional, nothing has come against the petitioner in the entire record of this case. Nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. The petitioner has three criminal antecedents as has been stated in paragraph no.3 of the present application and in two of them, he is on bail. The petitioner has no concern with the alleged occurrence or the seized motorcycle.

5. Learned counsel for the petitioner further submits that the co-accused Ajay Kumar @ Shallu Yadav has been granted regular bail by this Court vide order dated 07.03.2024 passed in Cr. Misc. No. 14236 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.48118 of 2024(2) dt.12-07-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Amas P.S. Case No. 332 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T