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Patna High CourtCR. MISC./65136/2023allowed

Bishnu Yadav v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65136 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- JAIPUR District- Banka ====================================================== Bishnu Yadav S/O Ganga Yadav @ Ganga Mahto Resident Of Village Budhwakura, Police Station Mohanpur, District Deoghar, Jharkhand ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code and subsequently cognizance has been taken under Section 395 and 412 of Indian Penal Code.

3. As per allegation in the F.I.R., informant was doing his loan collection work and when he reached near jungle three miscreants on motorcycle came and intercepted the informant and stolen all the loan amount on gun point.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and the name of the petitioner transpired by the confessional statement of the co-accused namely, Lily Das, which does not stands any

Patna High Court CR. MISC. No.65136 of 2023(2) dt.12-10-2023 2/2 evidentiary value. It is further submitted by the learned counsel for the petitioner that from the possession of the petitioner, two mobile phones are recovered which do not match with the looted articles. Neither the stolen articles nor the petitioner have put on Test Idendification Parade. Petitioner is languishing in judicial custody since 12.07.2023.

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, 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/Court Concerned, Banka, in connection with Jaipur P.S. Case No. 04 of 2023. (Sunil Kumar Panwar, J) Guddu/AdnanU T