Vansh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62880 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Vansh Yadav S/O- Sanjay Yadav Village- Bishrakh Sector-1, Greater Noida Po- Bishrakh Ps- Bishrakh Dist- G.B Nagar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 Sections 461 and 379 of the IPC and added Sections 411, 413, 414 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants are alleged to have committed robbery in the shop of informant and while doing so, taken away mobiles phones valuing Rs. 1516 Lakhs, laptops, cash of Rs. 2 Lakhs and other materials.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.62880 of 2023(4) dt.10-01-2024 2/3 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 statement of co-accused Suraj Manjhi, which has got no evidentiary value in the eyes of law. He submitted that the as alleged mobile phones and Sim card recovered from the possession of the petitioner, which is said to be stolen one but the seizure list has not been prepared under the provision of Section 100(4) of the Cr.P.C. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide orders dated 22.12.2023/ 12.10.2023 passed in Cr. Misc. Nos. 81051 of 2023 and 65247 of 2023. He is languishing in judicial custody since 01.07.2023.

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 after framing of charge, if not framed. 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

Patna High Court CR. MISC. No.62880 of 2023(4) dt.10-01-2024 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 344 of 2023.

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