Shiv Shakti Yadav @ Shakti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76233 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- AMARPUR District- Banka ====================================================== Shiv Shakti Yadav @ Shakti Yadav Son Of Late Shyam Sunder Yadav Resident Of Village - Dhorichak, Police Station - Amarpur, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Anand, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. case No. 70 of 2022 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution allegation, in short, is that two miscreants boarded on motorcycle stopped the pickup van and looted mobile phone, purse containing Rs. 8000/-, ATM car, PAN Card, Driving Licence, Adhaar Card and other articles from the informant on the point of pistol. It is also alleged that the two miscreants assaulted the informant and his labourers sitting on the vehicle.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.76233 of 2023(3) dt.06-12-2023 2/2 the petitioner is remanded in this case from Amarpur P.S. Case No. 77 of 2022 on 05.03.2022 and has 5 criminal antecedents. The petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR and the name of the petitioner has transpired on the basis of confessional statement of the coaccused persons namely, Tulsi Kumar and Md. Sarik and submitted that both of them have been granted bail by different co-ordinate Benches of this Court (as per Annexure-2 in the bail petition).

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. case No. 70 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T