Mohan Yadav @ Anuj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14071 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- NATWAR District- Rohtas ====================================================== Mohan Yadav @ Anuj Yadav Son of Sanjay Yadav Resident of VillageChakki (J.P. Dera), P.S.- Brahmpur (Chakki), Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Natwar P.S. Case No. 35 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants came on motorcycle and stopped the informant's motorcycle and snatched the cash and mobile from the informant and his friend.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner is not named in the F.I.R. and same has been lodged against unknown persons.

Patna High Court CR. MISC. No.14071 of 2024(2) dt.04-03-2024 2/3 Neither anything has been recovered from the possession of the petitioner nor he was put on T.I.P. His name transpired during investigation on the basis of confessional statement of coaccused before the police, which has no evidentairy value in the eye of law.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., it appears that petitioner is not named in the F.I.R. and his name surfaced on the basis of confessional statement of co-accused Rohit Kumar Thakur who has already been granted bail by a co-ordinate Bench of this Court vide order dated 07.12.2023 passed in Cr. Misc. No. 78898 of 2023. Petitioner is in custody since 09.08.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of 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 Judicial Magistrate 1st Class, Bikramganj, Rohtas in connection with Natwar P.S. Case No.35 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of

Patna High Court CR. MISC. No.14071 of 2024(2) dt.04-03-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T