Subhash Yadav @ Subhash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76555 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- BALUA BAZAR District- Supaul ====================================================== SUBHASH YADAV @ SUBHASH MANDAL Son of Lakshmi Yadav Resident of Ward No. 2, Jivachhpur, P.S.- and Distt - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, apprehends his arrest in a case registered for the offences punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged that on 22.10.2018 at about 2:00 P.M., while he was returning from the house of Bachchu Jha on motorcycle in the way four miscreants in which he could identify Santosh Yadav snatched away his motorcycle on the point of pistol and also assaulted him. Three other miscreants were unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Petitioner is not named in the

Patna High Court CR. MISC. No.76555 of 2019(2) dt.21-01-2020 2/2 F.I.R. Name of the petitioner has surfaced on the confessional statement of co-accused Sarban Kumar Mukhiya. Named accused Santosh Yadav is dead and except said confessional statement of co-accused there is no any other incriminating material against petitioner. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bond of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Balua Bazar P.S. Case No. 56 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/- U T