Lal Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70929 of 2023 Arising Out of PS. Case No.-107 Year-2002 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Lal Babu Yadav Son Of Bhagwat Yadav Resident Of Village - Dumra, P.S. - Paraiya, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, 8-10 unknown persons entered into the office of the informant and at the point of country made pistol looted the cash amounting to Rs. 1544/- and took away Rs. 240/- from the informant. They have also looted valuable articles from other persons who were present in the office.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR. He further submits that after the investigation the police has filed

Patna High Court CR. MISC. No.70929 of 2023(2) dt.28-11-2023 2/2 final form against the petitioner but the learned Court below differed the final form and took cognizance against the petitioner. He submits that petitioner has got three criminal antecedents not in similar nature of the offence as stated in para3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gaya Rail P.S. Case No.107 of 2002, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T