Subhash Kumar Yadav @ Subash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64215 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== SUBHASH KUMAR YADAV @ SUBASH YADAV SON OF BADRI NARAYAN YADAV RESIDENT OF VILLAGE -MOHANPUR, PSHARLAKHI, DISTT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner, informant 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 and charge-sheet has been submitted u/s 392 and 411 of the IPC.
3. As per prosecution case, F.I.R. was registered against unknown persons for looting Rs. 2 Lakh 43 thousand and two mobile phones from the informant.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.64215 of 2023(3) dt.20-12-2023 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 himself before the police, 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. Neither the petitioner nor the as alleged money have been put on T.I. Parade. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 12.12.2023 passed in Cr. Misc. No. 75571 of 2023. He is languishing in judicial custody since 24.04.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
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 Judicial Magistrate 1st Class,
Patna High Court CR. MISC. No.64215 of 2023(3) dt.20-12-2023 3/3 Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 93 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T