Sudhir Kumar @ Buta Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61053 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== 1.
SUDHIR KUMAR @ BUTA YADAV Son of Rambabu Singh R/o vill - Sukhi Bigha, P.S. - Rampur Chauram, Distt. - Arwal 2.
Vicky Kumar Son of Laxman Singh R/o vill - Sukhi Bigha, P.S. - Rampur Chauram, Distt. - Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Singh For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, when the informant's truck became stopped due to end of diesel and after sometime four unknown miscreants, got down the informant from the vehicle and they abused and assaulted him and snatched cash of
Patna High Court CR. MISC. No.61053 of 2023(2) dt.15-09-2023 2/3 Rs. 4,500/- and mobile thereafter fled away.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are not named in the FIR and the same has been lodged against unknown persons. The name of the petitioners has come into light, on the basis of confessional statement of co-accused Vicky Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of these petitioners. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 22.08.2023 passed in Cr. Misc. No. 53297 of 2023. They are languishing in judicial custody since 03.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.61053 of 2023(2) dt.15-09-2023 3/3 satisfaction of the learned Court below in connection with Rampur Chauram P.S. Case No. 11 of 2023.
(Sunil Kumar Panwar, J) arish/- U