Dharo Yadav @ Dharmendra Yadav @ Dharmendra Jadav @ Dhamendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74824 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== DHARO YADAV @ DHARMENDRA YADAV @ DHARMENDRA JADAV @ DHAMENDRA YADAV SON OF LATE NARO YADAV R/O VILLAGEBISHANPUR JICHCHO, P.S.- LODIPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 385, 387 and 34 of the Indian Penal Code.

The allegation against the petitioner and others is of extracting money from the vehicle in the name of illegally authorizing vehicle to pass Toll Tax.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that nothing has been recovered from the conscious possession of the petitioner. He submitted that on the basis of confessional statement of

Patna High Court CR. MISC. No.74824 of 2022(2) dt.11-04-2023 2/2 apprehended co-accused namely, Kundan Kumar Yadav @ Kundan Yadav, the petitioner has been implicated in the present case and which has got no evidentiary value in the eyes of law. He further submitted that the other co-accused namely, Kundan Kumar Yadav @ Kundan Yadav has already been granted bail by a Co-ordinate Bench vide order dated 10.01.2022 passed in Cr. Misc. No. 33249 of 2021. He is languishing in judicial custody since 13.01.2022.

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 A.C.J.M., IX, Bhagalpur in connection with Lodipur P.S. Case No. 11 of 2021.

(Sunil Kumar Panwar, J) arish/- U T