Kulendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42751 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- AMAS District- Gaya ====================================================== Kulendra Yadav @ Phulendra Yadav, Son of Yogendra Yadav, Resident of Village- Pathra, P.S. Amas, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Javed Jafar Khan For the Opposite Party/s :

Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Amas P.S. Case No. 125 of 2018 registered for the offence punishable under Sections 412/34 of the Indian Penal Code.

Informant who is the Assistant Sub Inspector of Police in his written report has stated that some miscreants snatched Rs. 25 Lacs from the employee of Toll Plaza and while they were fleeing, they were chased and subsequently, two miscreants were caught by the villagers but the villagers looted the above stated amount from the miscreants and fled away from there. The police, having got

Patna High Court Cr.Misc. No.42751 of 2018(3) dt.12-09-2018 2/3 the aforesaid information, came and on search recovered huge amount from the house of different villagers. So far as petitioner is concerned, it is said that Rs. 1,00,000/- was recovered from his house.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted on behalf of the petitioner that after perusal of FIR it would be very clear that after committing dacoity and looting the money from the bank when miscreants were fleeing away the bundle of notes dropped from their bags and the villagers of Amas started collecting the bundle of notes and kept those bundles in their houses. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 20.07.2018 passed in Criminal Miscellaneous No. 43556 of 2018. Petitioner has got no criminal antecedent and is in custody since 27.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.42751 of 2018(3) dt.12-09-2018 3/3 learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Amas P.S. Case No. 125 of 2018. (S. Kumar, J) ranjan/- U