Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53321 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Anil Yadav, Son of Late Visheshwar Yadav, R/o vill- Dharmpur, P.S.- Laukaha, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Laukaha P.S. Case No. 29 of 2023 dated 03.02.2023 registered for the offences punishable under Sections 341, 323, 384, 379, 504 and 506 read with Section 34 of the Indian Penal Code (in short 'IPC') and later on, Section 395 of IPC was added.

3. Mr. Birendra Kumar Singh, learned counsel appearing for the petitioner submits that the FIR is said to have been registered on 03.02.2023 but the same was sent to the concerned Magistrate on 06.02.2023 which would be evident from the formal FIR and the said delay casts a serious doubt in the credibility of the allegations levelled in the FIR and further six persons, including the petitioner, have been named in the FIR but the prosecution story as narrated by the informant is completely unbelievable as it has been alleged that the accused, firstly,

Patna High Court CR. MISC. No.53321 of 2024(2) dt.08-08-2024 2/2 snatched the tempo of the informant and thereafter, returned back with the tempo after unloading the alleged articles. Further submissions are that the petitioner has been languishing in jail since 19.03.2024 and the police failed to recover any looted article from the possession of this petitioner after he was taken into custody and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Having considered the above submissions and mainly taking into account the petitioner's fair and clean antecedent and completion of the investigation against him and also his plea that the police failed to recover any part of the looted articles from his possession after he was taken into custody, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Laukaha P.S. Case No. 29 of 2023. (Shailendra Singh, J) annu/- U T