Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86261 of 2023 Arising Out of PS. Case No.-498 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Deepak Kumar Yadav Son Of Punyanand Yadav Resident Of Village - Khaira Chanda, Ward No.04, P.S. - Narpatganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Adv For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner seeks regular bail in connection with Forbesganj P.S.Case No. 498 of 2022 for the offence registered under Section 392 of the Indian Penal Code.

3. As per the prosecution case, while the informant was returning after collecting cash of Rs. 8,94,671, meanwhile two miscreants boarded on motorcycle came near him and snatched his bag containing the aforesaid amount on gun point thereafter they fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.86261 of 2023(2) dt.22-01-2024 2/3 this case on the basis of suspicion. The petitioner is not named in the FIR and the FIR has been filed against unknown persons. It is further submitted that one Shyam Sundar Kumar has been arrested in other case, who confessed the complicity of the petitioner in this case, which has got no evidentiary value in the eye of law. Nothing incriminating article has been recovered from conscious possession of the petitioner. The petitioner has three criminal antecedent in which he is on bail. He is in custody since 19.09.2023. Similarly situated co-accused persons namely, Vivek Kumar, Manish Kumar and Ajay Yadav have already been granted bail in Cr. Misc. No. 12188 of 2023, Cr. Misc. No. 6600 of 2023and Cr. Misc. No. 31992 of 2023 respectively.

5. Learned APP for the State Opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs, 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.86261 of 2023(2) dt.22-01-2024 3/3 Magistrate, Araria in connection with Forbesganj P.S.Case No. 498 of 2022.

N.K/- (Sunil Dutta Mishra, J) U T