Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62080 of 2023 Arising Out of PS. Case No.-78 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== Pawan Yadav Son of Mahesh Yadav @ Bharri Yadav Village- Latra PsGopalpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

As per FIR, some unknown miscreants came on a motorcycle and dashed the informant motorcycle. It is further alleged that on the point of pistol, the miscreants snatched the bag of the informant, in which money had kept. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to high handedness of police officer. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come

Patna High Court CR. MISC. No.62080 of 2023(2) dt.15-09-2023 2/2 into light, on the basis of confessional statement of petitioner himself, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 23.06.2023 passed in Cr. Misc. No.12143 of 2023 which is annexed as Annexure-2 of this petition. He is languishing in judicial custody since 29.09.2022.

The application for bail is opposed by learned APP for the State.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Naugachia, Bhagalpur in connection with Parbatta P.S. Case No. 78 of 2022. (Sunil Kumar Panwar, J) lata/- U T