Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64944 of 2022 Arising Out of PS. Case No.-496 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Anil Yadav, S/o Chandrika Yadav R/o Village- Jurabganj, Gendabari, P.S.- Kodha, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anup Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code. Prosecution case relates to theft of Rs. 4,00,000/- of the informant from the bank by some unknown persons and fled away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He submitted that the petitioner is not named in the FIR rather during investigation name of this petitioner surfaced in this case on the basis of self confessional statement of this petitioner in connection with Ghoghardiha P.S. Case No.

Patna High Court CR. MISC. No.64944 of 2022(3) dt.20-03-2023 2/2 42 of 2022 which has got no evidentiary value in the eye of law and this fact appears from para no. 45 of case diary. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is no consistent evidence, no eye-witness only on the basis of confessional statement of the petitioner, he is implicated in this case. It is also submitted that petitioner is languishing in judicial custody since 03.06.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Phulparas P.S. Case No. 496 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Madhubani.

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