Jitendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5877 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- TEYAR District- Bhojpur ====================================================== Jitendra Kumar Yadav, Male, age about 28 years, Son of Late Krishna Yadav, Resident of Village- Anaith, P.S.- Ara Nawada, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Tiyar PS Case No. 52 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution case, accused persons assaulted the informant and snatched the cash bag amounting to Rs. 74,400/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the bail petition, FIR and rejection order of the learned Additional Sessions Judge-XIII, Bhojpur, Ara, it appears that petitioner is not named in the FIR and his name has been disclosed on the
Patna High Court CR. MISC. No.5877 of 2024(2) dt.09-02-2024 2/2 basis of confessional statement of co-accused namely Abhishek Kumar and there is no recovery from the conscious possession of the petitioner. Petitioner is in custody since 29.09.2023.
5. Learned APP opposes the prayer for bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of the charge 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 Magistrate, Bhojpur at Ara in connection with Tiyar PS Case No. 52 of 2023 with a condition that petitioner shall physically present before the trial Court.
7. However, the Court below is directed to conclude the framing of the charge according to law within a period of one month from the date of receipt of this order. (Ramesh Chand Malviya, J) Anand Kr.
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