Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12501 of 2021 Arising Out of PS. Case No.-383 Year-2020 Thana- BANKA District- Banka ====================================================== UMESH YADAV Son of Late Mokdam Yadav Resident of VillageSimrakola, P.S.- Banka, Distt- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ram Sevak Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed this application for grant of regular bail in connection with Banka P.S. Case no.383 of 2020 registered under sections 394 and 302 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, a dacoity was committed in the house of the informant and in the firing that took place, also led to death of Sajan Kumar Sah in the hospital. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the contents of the petition as also the order of the learned court

Patna High Court CR. MISC. No.12501 of 2021(2) dt.25-06-2021 2/3 below wherein the contents of the case diary has been dealt with in detail, it is submitted that the name of the petitioner transpired in the confessional statement of co-accused Narottam Chaudhary made before police. No incriminating article has been recovered from the person or possession of the petitioner. The petitioner has not been put on T.I. parade, is in custody since 19.8.2020 and chargesheet has been submitted in the case. The aforesaid Narottam Chaudhary has been enlarged on bail vide order dated 17.3.2021 passed in Cr. Misc. No. 31917 of 2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Banka P.S. Case No.383 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/successor Court, Banka.

Spd/- (Partha Sarthy, J)

Patna High Court CR. MISC. No.12501 of 2021(2) dt.25-06-2021 3/3 U T