Shiv Yadav @ Shiva Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81441 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Shiv Yadav @ Shiva Yadav Son of Ramdhari Yadav @ Nemdhari Yadav R/O Village- Kumar Chakki, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Khagaria (Gangaur) P.S. Case No. 123 of 2023, registered for the offences punishable under Section 394 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants overtook the informant's motorcycle and started abusing him and gave a knife blow on his palm of left hand due to which his palm got chapped and also snatched away the mobile phone and motorcycle of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case and the name of the petitioner came only on the basis of

Patna High Court CR. MISC. No.81441 of 2023(2) dt.08-01-2024 2/2 confessional statement of co-accused Vibhodh Yadav. He further submits that there is no recovery from the possession or from the house of the petitioner and no T.I.P. has been held. Petitioner has two criminal antecedents in which he is on bail and is in jail custody since 21.05.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 123 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T