Patna High CourtCR. MISC./70713/2023allowed

Shyam Yadav v. The State Of Bihar

2023-11-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70713 of 2023 Arising Out of PS. Case No.-458 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Shyam Yadav Son Of Debu Yadav @ Dev Narayan Yadav R/O Vill.- Badiya, P.S.- Sadar, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No.458 of 2022 instituted under Sections 420, 414 and 34 of the Indian Penal Code.

3. As per prosecution case, on seeing the police party, who was on patrolling, two persons on a motorcycle was trying to flee away but one of the accused was apprehended with one looted mobile from his pocket, who disclosed his name as Kamal Dev Yadav. The petitioner is alleged to have managed to escape.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.70713 of 2023(2) dt.24-11-2023 2/2 case. There is no recovery from the petitioner and he was not present on the spot. Except the confessional statement of coaccused, there is no material against the petitioner. The petitioner has two criminal antecedents in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, 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 learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No.458 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T