Chotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58656 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Chotu Yadav Son Of Yugal Yadav Resident Of Village- Uprigangti Aliganj, P.S- Babarganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 406/34 of the Indian Penal Code and later on Section 379, 411 of the Indian Penal Code has been added.

The prosecution case in nutshell is that petitioner along with other co-accused persons forcibly took the Toto vehicle of the informant and fled away. They also snatched his mobile and Rs. 300-400/- kept in the bag.

Patna High Court CR. MISC. No.58656 of 2022(2) dt.02-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case.It is also submitted that neither the petitioner is named in F.I.R. nor he has been put on T.I.P. The name of the petitioner sprang up in this case on the confessional statement of co-accused Sagar Das. Nothing has been recovered from the possession of the petitioner. The alleged snatched Toto vehicle has been recovered from the possession of co-accused Sagar Das. Moreover, petitioner is languishing in judicial custody since 25.04.2022. 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, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mojahidpur(Babarganj) P.S. Case No. 91 of 2022

Patna High Court CR. MISC. No.58656 of 2022(2) dt.02-02-2023 3/3 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 Judicial Magistrate, 1st Class, Bhagalpur.

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