Patna High CourtCR. MISC./56761/2023allowed

Prakash Kumar Yadav v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56761 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- JHANJHARPUR District- Madhubani ====================================================== Prakash Kumar Yadav Son Of Shobha Lal Yadav Resident Of Village - Navtol, P.S. - Phulparas, District - Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 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 394 of the Indian Penal Code.

As per allegation in the FIR, informant was going to Ghoghardiha by motorcycle, in the meantime three miscreants intercepted his motorcycle and took away Rs. 3,000/-, driving card, Adhar Card and mobile and assaulted him. 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 not put on TIP. Nothing has been recovered from his conscious possession. Petitioner was remanded in this case from another case i.e. Phulparas PS Case

Patna High Court CR. MISC. No.56761 of 2023(2) dt.05-09-2023 2/2 no. 515 of 2022. His name surfaced in the present case on the basis of confessional statement of co-accused Sachin Kumar Yadav. Petitioner is languishing in judicial custody since 28.11.2022.

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, Jhanjharpur, Madhubani in connection with Jhanjharpur (ASOP) P.S. Case No. 247 of 2022. (Sunil Kumar Panwar, J) lata/- U