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Patna High CourtCR. MISC./72837/2022bail granted

Arvind Yadav @ Arvind Kumar Yadav v. The State Of Bihar

2023-05-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72837 of 2022 Arising Out of PS. Case No.-872 Year-2021 Thana- BANKA District- Banka ====================================================== ARVIND YADAV @ ARVIND KUMAR YADAV S/o Chano Yadav R/o Village- Dumrama, P.S.- Amarpur, Distt- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 392 of the Indian Penal Code registered in connection with Banka P.S.Case No. 872 of 2021.

As per allegation, three miscreants riding on two motor-cycles, snatched a carry bag from the possession of the informant containing a mobile phone, a passbook and rupees ten thousand cash.

The learned counsel for the petitioner has submitted that there is nothing against the petitioner in the entire case diary. He was not arrested at the spot. He is not named in the FIR. His name has figured on the basis of his confessional statement. The things recovered, as mentioned in paragraph no.3 of the case, does not tally with the things snatched away from the possession of the informant, as mentioned in his fardbayan.

Patna High Court CR. MISC. No.72837 of 2022(4) dt.10-05-2023 2/2 The petitioner is in custody since 27.01.2022 and some other accused persons have been granted bail by a coordinate Bench of this Court.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S.Case No.872 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. The learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any other cases except those mentioned in paragraph no.3 of the bail petition, he shall not accept the bail bond.

(Nawneet Kumar Pandey, J) HR/- U T