Phantus Yadav @ Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67683 of 2021 Arising Out of PS. Case No.-422 Year-2020 Thana- NAWADA District- Nawada ====================================================== PHANTUS YADAV @ KAMLESH KUMAR S/O YAMUNA YADAV R/o village- Gondapur, P.S.- Nagar, District- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Adv.
For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks anticipatory bail in connection with Nawada Nagar P.S. Case No. 422 of 2020, registered under Sections 457, 380 and 411of the Indian Penal Code, 1860. The allegation made in the F.I.R. is relating to theft in the godown of the informant. F.I.R. has been lodged against unknown persons.
Learned counsel for the petitioner submits that petitioner has not named in the F.I.R. and the name of the petitioner has come on the confessional statement of Coaccused. He further submits that two accused persons namely, Ajit Yadav and Bipin Kumar were granted bail vide order dated 22.02.2021 in Cr. Misc. No.31740 of 2020 by the Co-ordinate
Patna High Court CR. MISC. No.67683 of 2021(2) dt.15-06-2022 2/3 Bench of this Court. He further submits that there are two cases pending against the petitioner in which he is on bail but nature of both cases are different from the present case, in one case is accused in SC/ST Prevention of Atrocities Act and in another case he was accused under Bihar Prohibition Act and in both cases he is on bail. He further submits that from the house of petitioner, no recovery has been made.
Learned A.P.P. submits that co-accused has named the petitioner.
In the present facts and circumstances of the case and according to submission made by the learned counsel for the petitioner, let the petitioner, above-named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Nagar P.S. Case No.422 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Dr. Anshuman, J) ravishankar/- U T
Patna High Court CR. MISC. No.67683 of 2021(2) dt.15-06-2022 3/3