Rohit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49322 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== Rohit Kumar Yadav Son Of Late Huriya Yadav Resident Of Village-Naya Tola, Jurabganj, Ward No. 1, P.S.-Karha, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 356, 411 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he snatched Rs. 2000/- from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-6 of this petition that no copy of seizure list was given to the petitioner. Even the seizure list does not contain the petitioner's signature which itself creates falsity of this case. It is also submitted that how it can be established that the alleged

Patna High Court CR. MISC. No.49322 of 2023(3) dt.11-08-2023 2/2 recovered money belongs to informant, however, the same has not been verified from the Bank. The petitioner has no concern with the alleged occurrence. A statement has been made in para3 of this petition that the petitioner has got no criminal antecedent. This case is triable by learned Judicial Magistrate. Moreover, the petitioner is languishing in judicial custody since 07.04.2023.

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

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 Alam Nagar P.S. Case No. 95 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Madhepura. (Sunil Kumar Panwar, J) Shubham/- U T