Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1660 of 2023 Arising Out of PS. Case No.-98 Year-2020 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Rahul Kumar Yadav S/O Upendra Yadav R/O Village- Jahlipatti, P.S.- Ghoghardiha, Distt- Madhubani, (wrongly Mentioned In Confessional Statement Of Co-Accused Regarding The Address Of The Petitioner). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr.Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 Bhairabasthan P.S. Case No. 98 of 2020 registered under sections 392 and 411 of the Indian Penal Code.

Allegation against the co-accused persons including this petitioner is that they snatched the motorcycle of the informant on pistol point when he was going to Darbhanga. Further alleged that they snatched mobile and cash of Rs. 6000/- to 7000/- and also assaulted him.

Patna High Court CR. MISC. No.1660 of 2023(2) dt.28-03-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Shambhu Kumar Yadav who was arrested by the police in another case. Neither anything incriminating has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. He has no concern with the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 06.09.2022.

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 Bhairabasthan P.S. Case No. 98 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties

Patna High Court CR. MISC. No.1660 of 2023(2) dt.28-03-2023 3/3 of the like amount each to the satisfaction of the learned J.M. I, Jhanjharpur, District- Madhubani.

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