Chhotu Kumar Yadev @ Biwekanand Yadev @ Chhoti Yadev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15822 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- RANIGANJ District- Araria ====================================================== CHHOTU KUMAR YADEV @ BIWEKANAND YADEV @ CHHOTI YADEV S/o Kalanand Yadev Resident of Village- Barbanna, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Ritambhara, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 395 and 397 of the Indian Penal Code.

As per the prosecution case, the accused persons looted Rs.10,000/- besides other articles from the truck of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. Neither he was arrested at the place of occurrence nor any incriminating article has been recovered from his possession. The name of the petitioner transpired in the confessional statement of a co-

Patna High Court CR. MISC. No.15822 of 2021(3) dt.14-09-2021 2/2 accused made before police and the allegation of recovery of a motorcycle is false and concocted. The petitioner is in custody since 5.11.2020 but has not been put on T.I. Parade. He has no criminal antecedent and charge sheet has been submitted in the case.

Heard learned APP for the State.

A report was called for with respect to the antecedent of the petitioner from the Superintendent of Police, Araria. From the report received, contained in letter dated 2.9.2021, the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 10 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Raniganj P.S. Case no. 159 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, Araria.

(Partha Sarthy, J) Prakash/- U