Prince Kumar Yadav @ Prince Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56033 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== PRINCE KUMAR YADAV @ PRINCE RAI S/O BALI YADAV @ BALINDRA RAI R/O VILLAGE- JITAURA, PS. MADHUBAN, DIST. EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 394 of the Indian Penal Code.
3. Allegedly, all the accused persons including this petitioner surrounded the informant and assaulted him with danda. They snatched the informant's mobile phone, golden chain worth Rs. 60,000/- and took documents related Airtel Company and Rs. 25,000/- from the dickey of his motorcycle. The informant identified one person who has not covered his face as Golu Kumar Patel.
3(a). It is further alleged that on 06.02.2023, at about
Patna High Court CR. MISC. No.56033 of 2023(3) dt.14-09-2023 2/3 11:30 A.M., when the four accused persons were assembled in Litchi Garden, two of them got apprehended with the help of the villagers, whereas the petitioner and one other got succeeded in fleeing away.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is no specific overt act against him. He has been made accused the present case merely on suspicion. There is specific allegation against one Golu Kumar Patel. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.56033 of 2023(3) dt.14-09-2023 3/3 below where the case is pending/successor Court in connection with Madhuban P.S. Case No. 59 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T