Pintu Yadav @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70633 of 2024 Arising Out of PS. Case No.-30 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Pintu Yadav @ Pintu Kumar S/o- Umesh Yadav @ Umesh Prasad Yadav Resident of Village- Shyam Ward No 11, PS- Gwalpara, Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Udakishunganj P.S. Case No. 30 of 2022 dated 07.02.2022, instituted for the offence punishable under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, eight named accused persons including the petitioner along with three unknown miscreants intercepted the informant along with five other cattle traders on their way and started firing gun shots and looted cash of Rs. 1,15,000/- and mobile phone from the associates of the informant and some cash amount, mobile phone and the Adhar Card of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70633 of 2024(2) dt.27-09-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner has been named in the F.I.R. only on the basis of statement recorded under Section 161 of Subhash Yadav and Raben Yadav @ Ravindra Kumar who have confessed their guilt that they committed the alleged occurrence with the assistance of petitioner and other companion. It is submitted that petitioner is a labourer and since last 16 years he is not residing at his native place as he resides at Delhi for earning his livelihood. It is submitted that nothing has been recovered either from the house of the petitioner or from his possession. It is submitted that there is no evidence except confessional statement of other co-accused persons. It is further submitted that no other cogent material has come against the petitioner to show his complicity in the present crime. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Udakishunganj P.S. Case No. 30 of 2022, he shall be released on anticipatory bail

Patna High Court CR. MISC. No.70633 of 2024(2) dt.27-09-2024 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T