Dharam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49582 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== DHARAM YADAV SON OF KAPOOR YADAV RESIDENT OF VILLAGE -JURABGANJ, PS- KORHA, DIST- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitya Nand Neeraj For the Opposite Party/s :
Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 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 Section 379 of the Indian Penal Code.
3. As per prosecution case, when the informant was moving in a Bolero along with his brother-in-law after withdrawing Rs. 8 lacs from State Bank of India and stopped the vehicle for purchasing articles at the grocery shop and the money bag was kept in the middle seat of the vehicle. It is further alleged that when the driver of the vehicle and Bikram Kumar both went to grocery shop then some unknown persons took away the said black colour money
Patna High Court CR. MISC. No.49582 of 2023(3) dt.03-10-2023 2/3 bag and disappeared.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has 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 Shubham Kumar, who has already been enlarged on bail vide order dt. 25.8.2023 passed in Cr. Misc. No. 53931 of 2023 by this Court. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. This case is triable by judicial magistrate. Petitioner is languishing in judicial custody since 20.04.2023.
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.
Patna High Court CR. MISC. No.49582 of 2023(3) dt.03-10-2023 3/3 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 Suryagarha P.S. Case No. 42 of 2023.
(Sunil Kumar Panwar, J) sushma/- U