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Patna High CourtCR. MISC./79089/2023allowed

Hareram Yadav @ Hare Ram Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79089 of 2023 Arising Out of PS. Case No.-36 Year-2015 Thana- CHAUTHAM District- Khagaria ====================================================== Hareram Yadav @ Hare Ram Kumar Son Of Mahendra Yadav @ Mehi Yadav @ Mahesh Yadav R/O Nijay, P.S.- Verupur, Dist.- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jai Narain Thakur ====================================================== 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 bail in a case registered for the offence punishable under Sections 395 and 412 of the Indian Penal Code.

3. As per FIR, when the informant's wife was going to washroom in the meantime some unknown miscreants captured his wife on the points of weapons and entered into his house and closed in the room, took away mobile, 3 Kg. Silver, cash of Rs. 30,000/- and other ornaments from the house. The accused persons also robbed mobile of renter Rohit Raj and Mukesh Kumar.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.79089 of 2023(2) dt.13-12-2023 2/2 case. He is not named in the F.I.R. Only on the basis of confessional statement of co-accused Bajrangi Kumar before the police, the name of the petitioner has been dragged in the present case which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious his possession. During investigation, no substantive evidence has come against the petitioner to connect with the present case. Petitioner is languishing in judicial custody since 08.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Khagaria in connection with Chautham P.S. Case No.36 of 2015.

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