Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9215 of 2023 Arising Out of PS. Case No.-43 Year-2021 Thana- BISHUNPUR District- Darbhanga ====================================================== SUNDAR YADAV Son of Late Vinay Yadav Resident of Mohalla/VillageSantpur Taralahi, P.S.- Bishanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard Mr. Kedar Jha, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Bishanpur PS Case No. 43/2021 dated 10.05.2021 registered for the offence punishable under Sections 394 of the IPC.

3. As per First Information Report, four unknown persons accosted the informant, abused him and demanded mobile phone from the informant and upon refusal, one of the co-accused assaulted him by means of knife near his thigh and snatched the mobile phone from brother of the informant and fled away.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and the FIR is against unknown. During course of investigation, the name of petitioner was disclosed by one Sunil Sahani and the petitioner has been remanded in the present case on the basis of statement of coaccused as well as the confessional statement of the petitioner

Patna High Court CR. MISC. No.9215 of 2023(2) dt.10-05-2023 2/2 recorded in Simri PS Case No. 121/2021. Neither any looted article has been recovered from the possession of the petitioner nor has he been put on test identification parade. The Petitioner is in custody since 20.08.2022.

5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that petitioner is not named in the FIR, he has been accused on the basis of confessional statement and self inculpatory confessional statement of the petitioner, he is in custody since 20.08.2022 and the charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

6. Accordingly, let the petitioner, SUNDAR YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Darbhanga in connection with Bishanpur PS Case No. 43/2021. (Anil Kumar Sinha, J) perwez U T