Dilip Kumar Yadav @ Dulip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81253 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Dilip Kumar Yadav @ Dulip Yadav Son Of Yogendra Yadav @ Jogilal Yadav R/O Vill - Maheshpur, Ward No. 8, P.S. - Pipra, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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 later on Section 412 of IPC was added.

3. As per prosecution case, the informant works in Bandhan Bank as a Collection Agent. It is alleged that when the informant, after collecting cash was coming, on way, four accused persons came on two motorcycles surrounded the informant and on point of pistol, assaulted the informant and snatched cash of Rs. 1,17,470/- and mobile phone from his pocket and fled from there.

4. 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

Patna High Court CR. MISC. No.81253 of 2023(3) dt.19-03-2024 2/2 in FIR rather his name came into light in this case on the basis of confessional statement of co-accused namely Md. Parwej Alam and Md. Naushad which has got no evidentiary value in the eye of law. Nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TI parade as yet. Similarly situated other co-accused person has already been granted bail by this Court vide order dt. 16.10.2023 in Cr. Misc. No. 17359 of 2023. Moreover, the petitioner is languishing in judicial custody since 09.05.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Narpatganj P.S. Case No. 39 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 C.J.M., Araria.

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