Patna High CourtCR. MISC./85131/2023allowed

Sanoj Yadav v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85131 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== 1.

Sanoj Yadav Son Of Amirak Prasad @ Bara Babu @ Niraj Kumar R/O Village- Devra, P.S.- Tankuppa, Dist.- Gaya 2.

Tutu Yadav @ Tunu Yadav @ Tunnu Yadav Son Of Jayendra Yadav @ Jayendra Prasad @ Jayendra R/O Village- Devra, P.S.- Tankuppa, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of trying to withdraw the money from the Bank by way of cheating.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were not apprehended on spot. The name of the petitioners has come into light, on the

Patna High Court CR. MISC. No.85131 of 2023(2) dt.09-01-2024 2/2 basis of confessional statement of co-accused person, who apprehended on spot. Except confessional statement, there is no specific overt act against these petitioners. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 08.09.2023.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Gaya in connection with Tankuppa P.S. Case No. 176 of 2023.

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