Bobby Yadav @ Baby Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16154 of 2015 Arising Out of PS.Case No. -311 Year- 2014 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Bobby Yadav @ Baby Yadav Son of Sanjeev Yadav, Resident of villageShivnandanpur, P.S.- Sultanganj, District- Bhagalpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Prahlad Kumar, Advocate For the Opposite Party: Dr. M.K. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 14.01.2015 in connection with Sultanganj P.S. Case No. 311 of 2014 for the offences instituted under Section 392 of the Indian Penal Code. The prosecution story, in brief, is that on 13.02.2014, the informant on Magic Vehcile loaded with Anmol Biscuits was going Asarganj and along with the informant, Binod Kumar Rajak was also there and at 14.20 P.M. when he reached Tarapur road near "Katpul" bridge and when the vehicle was made slow, two boys came and demanded cash and on refusal, he pointed pistol towards one boy from the window of the vehicle and took cash of Rs.2000/- and mobile phone and fled away and the person standing nearby disclosed his name as Boby Yadav.
Patna High Court Cr.Misc. No.16154 of 2015 (2) dt.09-06-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case due to village politics. Further it has been submitted that no recovery was made from the conscious possession of the petitioner. However, the aforesaid amount is said to have been paid to the petitioner only for the purpose of donation to the temple which is on the side of road. It has further been submitted that the petitioner may be released after completion of ten months in custody.
On behalf of the State it has been submitted that the petitioner has got as many as three criminal cases pending against him. It has further been submitted that the allegation is of snatching Rs.2000/- from the possession of the informant and the petitioner is named in the FIR. Petitioner is in custody since 14.01.2015. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail, after completing ten months in custody, on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No.311 of 2014 after completing ten months in custody. B.T/- (Sudhir Singh, J) U T