Sudhir Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5157 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- MANIHARI District- Katihar ====================================================== Sudhir Kumar Yadav Son of Late Etwari Yadav R/v- Nawabganj, P.O.- Nawabganj, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mandal, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Manihari P.S. Case No. 131 of 2022 lodged under Sections 457, 380 and 34 of the I.P.C.

As per the prosecution case, there were 3 named persons has been made accused in this case. The allegation against the accused persons is that they have entered into the house of the petitioner and taken Rs. 1 lac which was kept in box for the purpose of marriage. It has been alleged that the daughter of the informant have seen the occurrence and try to arrest one accused namely, Sudhir Kumar Yadav (petitioner) but he forcefully went away and started abusing. It has been alleged that the informant subsequently, informed in this regard to

Patna High Court CR. MISC. No.5157 of 2023(2) dt.04-03-2023 2/2 Sarpanch, Deputy Sarpanch, Mukhiya and Up-Mukhiya, thereafter, the said petitioner went away from the house, with this allegation, the F.I.R. has been lodged.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that both the petitioner and informant belongs to same village and next door neighbour. Counsel also submits that petitioner is in custody since 25.08.2022 having clean antecedent. Counsel submits that nothing was recovered from the possession of the petitioner.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 131 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T