Ashish Yadav @ Ashish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53584 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- GURUA District- Gaya ====================================================== ASHISH YADAV @ ASHISH KUMAR YADAV Son of Arjun Yadav Resident of Village - Mahulaniya, P.S. - Chakarbandha, Distt. - Gaya (Bihar) ... ... Petitioner/s

Versus

THE STATE OF Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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 section 392 of the Indian Penal Code.

As per allegation in the FIR, three miscreants on two motorcycle came to the informant and pointing the pistol took Rs. 80,000/- cash and his mobile.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR nor put on TIP. His name has been surfaced in this case on the basis of confessional statement of co-accused Nitish Kumar. Nothing has been recovered from his conscious possession.

Patna High Court CR. MISC. No.53584 of 2023(2) dt.28-08-2023 2/2 Save and except confessional statement, nothing has come against the petitioner. Petitioner is languishing in judicial custody since 14.3.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Judicial magistrate 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case NO. 126 of 2021.

(Sunil Kumar Panwar, J) lata/- U