Patna High CourtCR. MISC./78827/2023allowed

Nakul Yadav v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78827 of 2023 Arising Out of PS. Case No.-364 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== NAKUL YADAV S/o RAMASHISH YADAV R/o vill - Birpur, P.s. - Madhepur, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

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

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, two miscreants are said to have intercepted the vehicle of the informant and fired upon him. Thereafter they snatched the vehicle of the informant along with some documents and a mobile phone and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in the present case only on the basis of confessional statement of co-accused Kuldeep Kumar Jha before police. Neither the

Patna High Court CR. MISC. No.78827 of 2023(2) dt.13-12-2023 2/2 petitioner was put on TIP nor any incriminating material has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 5.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Phulparas P.S. Case No. 364 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Jhanjharpur District- Madhubani.

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