Vishnu Yadav @ Vishnu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67426 of 2022 Arising Out of PS. Case No.-698 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== VISHNU YADAV @ VISHNU KUMAR YADAV S/O Late Jitendra Yadav Resident of Tulsi Nagar Colony, Jawaripur, P.S- Tikamanjhi, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sangeeta Sharma, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kotwali (Barari) P.S. Case No. 698/2020 registered for the offence(s) punishable under Section(s) 457, 380 and 511 of the Indian Penal Code.

As per the prosecution, informant alleged that this petitioner entered into her house with a view to commit theft but he was caught by her family members.

The main submissions advanced by the learned counsel for the petitioner are that the informant claimed to have identified the petitioner who is stated to have been caught hold by the informant's sons and her family members but the

Patna High Court CR. MISC. No.67426 of 2022(2) dt.23-03-2023 2/2 petitioner was not put on Test Identification Parade after his arrest in the present matter and as per the prosecution, no incriminating material was recovered from his possession and there is no allegation of theft against the petitioner and he has been languishing in jail since 07.01.2022 and against him, there is criminal antecedent of one case and he has been chargesheeted. Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly taking into the account the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kotwali (Barari) P.S. Case No. 698/2020.

(Shailendra Singh, J) Sanjay/- U T