Patna High CourtCR. MISC./83654/2023allowed

Nitish Yadav v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83654 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Nitish Yadav Son Of Dasharath Yadav Resident Of Village - Pakhanari, Police Station - Shivsagar, District - Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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.

3. According to FIR, while the informant along with his friend was returning after shooting the marriage ceremony, in the meantime, some unknown miscreants intercepted them and looted video camera, mobiles, cash from them.

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 surfaced in this case during course of investigation. The petitioner has not been put on TI Parade. It is further submitted that the seizure list

Patna High Court CR. MISC. No.83654 of 2023(2) dt.04-01-2024 2/2 has not been prepared in accordance with law. He is languishing in judicial custody since 15.6.2023. Moreover, similarly situated co-accused namely, Kanhaiya Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dt. 5.9.2023 passed in Cr. Misc. No. 59270 of 2023.

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

6. 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 Kudra P.S. Case No. 176 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, Mohania, Kaimur.

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