Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.940 of 2020 Arising Out of PS. Case No.-337 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== NIRANJAN YADAV Son of Late Nawal Yadav Resident of Village - Bari Bandehara, P.S.- Pasraha, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-05-2020 Heard Mr. Ashok Kumar Yadav, learned counsel for the petitioner and Mr. Atul Chandra, learned counsel appearing for the State, through video conferencing.

The petitioner seeks regular bail in connection with Parbatta P.S. Case No. 337 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution story in short is that the informant returned with his wife from Katihar by train and got down at Pasraha Railway Station and was going towards their village. On the way, they were intercepted by three accused persons including the petitioner having country-made pistol in their hand. Petitioner and other accused persons snatched Rs.15,000/- from the pocket of the informant and snatched Mangalsutra, earring from the wife of informant.

Patna High Court CR. MISC. No.940 of 2020(4) dt.28-05-2020 2/3 Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel also submits that petitioner is not named in the FIR, however, he is in custody since 30.08.2019 and no T.I. Parade has been held by the investigating agency. Learned counsel after referring to para-71 of the case diary submits that I.O. has recorded that when informant saw the petitioner, he immediately recognized him having dandas / Lathi in his hand whereas the allegation in the First Information Report is that all the three persons were having pistol in their hand. Learned counsel further submits that petitioner has been implicated in this case with oblique motive.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that no T.I. Parade has been held as per the norms and the petitioner is in custody since 30.08.2019, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist Khagaria/Successor Court, in connection with Parbatta P.S. Case No. 337 of 2019.

Patna High Court CR. MISC. No.940 of 2020(4) dt.28-05-2020 3/3 It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T