Kamaldeo Yadav @ Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75092 of 2022 Arising Out of PS. Case No.-453 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Kamaldeo Yadav @ Kamlesh Yadav Son Of Arjun Yadav R/V- Garwaiya Baheradih, P.S- Barachatti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 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 connection with Barachatti P.S. Case No. 453 of 2020 registered under section 392 of the Indian Penal Code and Sections 25(1-b)a of the Arms Act.

Allegation against the co-accused persons including this petitioner is that they snatched the bag containing Rs. 3,92,000/- of the informant on pistol point and fled away from there. Further, after chase one co-accused, namely, Mukesh Kumar was apprehended with one country made pistol by the informant with the help of co-villagers.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.75092 of 2022(2) dt.24-03-2023 2/2 falsely been implicated in this case. The petitioner was not apprehended on spot and his name came into light during investigation on the basis disclosure made by co-accused, namely, Mukesh Kumar before the police. Nothing incriminating or stolen has been recovered from the conscious possession of the petitioner. He has no concern either with the alleged recovered arms or with co-accused person. He is languishing in judicial custody since 23.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barachatti P.S. Case No. 453 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghatti (Gaya).

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