Sumit Kumar @ Jelar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48109 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- NTPC District- Patna ====================================================== SUMIT KUMAR @ JELAR YADAV Son of Late Hare Ram Yadav @ Late Hariram Prasad Resident of Village-Chaperatar, P.S.-Pandarak, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 511 of the Indian Penal Code.

3. As per prosecution case, the informant, who is the constable of CISF informed by one constable that on walky talky that 3-4 unknown miscreants are trying to enter in the premises of NTPC with intention to theft and the constable, who is on duty is trying to stop them but he could not succeed. Thereafter, the constable fired upon him to prevent them then they fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.48109 of 2023(2) dt.08-08-2023 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. On the basis of suspicion and due to his criminal antecedents, the police has been implicated in this case. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 04.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with NTPC P.S. Case No. 143 of 2022.

(Sunil Kumar Panwar, J) arish/- U T