Jalo Kumar @ Jaydev Kumar @ Yadav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74670 of 2022 Arising Out of PS. Case No.-9 Year-2017 Thana- MOKAMAH District- Patna ====================================================== JALO KUMAR @ JAYDEV KUMAR @ YADAV KUMAR Son of Vijay Yadav @ Bijo Yadav R/v- Dargahi Tola, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per allegation in the FIR, 7-8 accused persons intercepted a Tata 407 loaded with 225 packets, each of 25 kg. Rice, of which informant was driver and his differently able brother was also with him and on gun point looted away cash of Rs. 1700 and other belongings. They fled away with the said Tata 407 with loaded rice.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner neither name in the FIR nor put on TIP. Name of the petitioner

Patna High Court CR. MISC. No.74670 of 2022(2) dt.24-03-2023 2/2 has surfaced in this case in confessional statement of Rajeev Kumar, which has no evidentiary value in the eye of law. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No. 66393 of 2022. Petitioner is languishing in judicial custody since 24.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Mokama P.S. Case No. 09 of 2017. (Sunil Kumar Panwar, J) sushma/- U