Patna High CourtCR. MISC./456/2024allowed

Lavkush Yadav v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.456 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Lavkush Yadav SON OF JAGDEO YADAV R/O VILLAGE- DADPUR, P.S.- KHARIK, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants came on motorcycle and on the point of pistol snatched the informant's motorcycle, ATM Card, Pan Card, Driving License, Mobile phone, cash of Rs. 6,700/- and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.456 of 2024(2) dt.16-01-2024 2/2 statement of co-accused Manish Kumar Singh, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 01.05.2023.

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 A.C.J.M.-I, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 53 of 2023. (Sunil Kumar Panwar, J) Arish/- U T