Dinesh Kumar Yadav @ Banti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79413 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== Dinesh Kumar Yadav @ Banti Yadav Son Of Sri Dipak Kumar Yadav @ Dipak @ Ramvilash Yadav R/O Village- Naya Tola, Zorabganj, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 section 379 of the Indian Penal Code.

3. As per allegation in the FIR, informant has withdrawn an amount of Rs. 4,000,00/- from SBI Branch and was returning to his home by his bike. In the way, two unknown miscreants came near the bike of the informant and while the informant was engage in purchasing some articles from shop, they took his bag containing Rs. 4,000,00/- and other documents and fled away.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.79413 of 2023(2) dt.11-12-2023 2/2 that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. No incriminating article has been recovered from possession of the petitioner rather recovered amount of Rs. 8,500/- belongs to petitioner himself. No TIP has been done. This case is triable by learned learned judicial magistrate. Petitioner has got no criminal antecedent and languishing in judicial custody since 25.07.2023.

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, 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 Chief Judicial Magistrate, Jhanjharpur in connection with Jhanjharpur P.S. Case No. 133 of 2023.

(Sunil Kumar Panwar, J) sushma/- U