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Patna High CourtCR. MISC./54453/2023allowed

Praduman Yadav v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54453 of 2023 Arising Out of PS. Case No.-646 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Praduman Yadav S/O Sri Madan Yadav Resident Of Village- Chhakanbigha, P.S- Tekari, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 408, 420 and 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he stolen the stone chips which loaded in Hywa Truck and the said stone chips not unloaded at proper place. It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case due to demand of arrear of salary which has not been paid to him last few months. As per F.I.R., the petitioner has unloaded the said truck where

Patna High Court CR. MISC. No.54453 of 2023(2) dt.25-08-2023 2/2 supervisor and other workers of the said company were present. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated coaccused namely Karan Kumar has already been granted anticipatory bail by the leaned court below vide order dated 27.07.2023 passed in A.B.P. No. 2268 of 2023. It is also submitted that petitioner is languishing in judicial custody since 11.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Gaya Muffasil P.S. Case No. 646 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Gaya.

(Sunil Kumar Panwar, J) lata/- U T