Shailendra Kumar @ Shailendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66767 of 2023 Arising Out of PS. Case No.-339 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== SHAILENDRA KUMAR @ SHAILENDRA YADAV son of Rajkishor Yadav Village- Mali W.No-9,PS- Beldaur Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Beldaur P.S. case No. 339 of 2020 instituted for the offences under Section 394 of the Indian Penal Code.
3. Prosecution allegation, in short, is that four accused persons assaulted and robbed the informant of Rs. 37,172/- which he was carrying.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.05.2023 and has four criminal antecedents. Charge-sheet has been submitted in this case. He further submitted that petitioner has no concern with the alleged occurrence. The petitioner has falsely been
Patna High Court CR. MISC. No.66767 of 2023(3) dt.21-12-2023 2/2 implicated in the present case only on the basis of confessional statement of the co-accused, Gautam Kumar, who has already been granted bail by the co-ordinate Bench of this Court vide order dated 21.01.2022 passed in Cr. Misc. No. 40277 of 2021. He further submitted that nothing incriminating has been recovered from the possession of this petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. case No. 339 of 2020.
(Rudra Prakash Mishra, J) Alok Verma/- U T