Anand Mohan Kumar @ Anand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67488 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== ANAND MOHAN KUMAR @ ANAND YADAV S/o- SUBODH KUMAR YADAV Village- Anhari Ps- Riga Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, some unknown miscreants came on a motorcycle and overtook the informant's motorcycle and on the point of pistol snatched his mobile and taken away motorcycle.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. 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 into light, on the basis of confessional
Patna High Court CR. MISC. No.67488 of 2023(2) dt.31-10-2023 2/2 statement of other co-accused. He submitted that the informant also suppressed the material facts that the motorcycle does not belongs to him rather the said motorcycle is in the name of one Rajesh Rai and the motorcycle being his own handed over to the petitioner as a security and implicated him in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. The trial of this case is triable by learned Judicial Magistrate. He is languishing in judicial custody since 16.05.2023.
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 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 C.J.M., Sitamarhi in connection with Riga P.S. Case No. 193 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T