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Patna High CourtCR. MISC./56789/2018bail granted

Arbind Yadav @ Arvind Yadav v. The State Of Bihar

2018-10-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56789 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Arbind Yadav @ Arvind Yadav S/o Late Jago Yadav @ Jagdish Yadav, R/o Vill.- Choudharydih, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No. 71 of 2018 registered for the offence punishable under Section379/411 of the Indian Penal Code.

FIR was lodged against unknown persons. It has been alleged by the informant in the FIR that on 26.03.2019 at 6.00 PM he had gone to Mahmadabad to see Chaiti Durga Pooja after parking his bike in the side and when he returned he found that his bike was missing and reported to Durga Pooja Committee and they also searched but could not be located and thereafter lodged the FIR against unknown.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.56789 of 2018(2) dt.08-10-2018 2/2 petitioner is not named in the FIR. Petitioner is innocent and has been falsely implicated in this case on confessional statement made by co-accused Kundan Yadav who has been granted bail by a co-ordinate Bench of this Court vide order dated 20.09.2018 passed in Cr. Misc. No. 56925 of 2018. It has been further submitted that occurrence took place on 26.03.2018 and the FIR was lodged on 18.04.2018 after delay of 22 days. Petitioner is in custody since 19.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur/Successor Court, in connection with Mojahidpur (Babarganj) P.S. Case No. 71 of 2018. (S. Kumar, J) veena/- U T