Bibodh Yadav @ Bibodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78959 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Bibodh Yadav @ Bibodh Kumar Son Of Maheshwar Yadav Village- Rampur Alauli Ps- Alauli Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 394 of the Indian Penal Code.

The prosecution case in nutshell is that 3 miscreants overtook the motorcycle of informant and started abusing him. It is further alleged that one miscreant assaulted the informant wife knife due to which he sustained knife injury on his palm. They snatched his mobile and motorcycle, bearing Reg. No.

Patna High Court CR. MISC. No.78959 of 2023(2) dt.13-12-2023 2/3 BR-09AL-9170, and fled away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. The name of petitioner sprang up in this case on confessional statement of co-accused Shiv Yadav @ Shiva Yadav and his self confessional statement. Moreover, the petitioner is languishing in judicial custody since 01.05.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khagaria (Gangaur) P.S. Case No. 123 of 2023 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.78959 of 2023(2) dt.13-12-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria.

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