Awadhesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19077 of 2021 Arising Out of PS. Case No.-16 Year-2019 Thana- MAIGRA District- Gaya ====================================================== AWADHESH KUMAR YADAV SON OF BARAMDEV YADAV R/O VILL.- HESATU, P.S.- KUNDRA, DIST.- CHATRA ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. S. Jamil Akhtar For the Opposite Party :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the parties.
This application for grant of regular bail arises out of Maigra P.S. Case No. 16 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. The petitioner's prayer for regular bail was earlier rejected by an order dated 13.10.2020 passed in Cr. Misc. No. 16138 of 2020 after perusing the case diary.
The case of the prosecution has been narrated in the said order dated 13.10.2020. The informant, who was running a Customer Service Point (CSP) of the Punjab National Bank, has alleged in the First Information Report that during the hours of monetary transactions in the kiosk of the CSP, three unknown miscreants entered into the cash counter and brandishing firearms, they scared staffs and the customers and robbed off cash of Rs.1,90,000/- and certain other articles. They
Patna High Court CR. MISC. No. 19077 of 2021(2) dt.28-07-2021 2/3 could not be identified as they had covered their faces. The petitioner's name surfaced during the course of investigation. The petitioner, who was incarcerated in connection with another criminal case is said to have confessed before the police his involvement in commission of the offence. The co-accused Rajesh Kumar has also confessed his involvement. Considering the gravity of the offence and the nature of accusation against the petitioner, his prayer for regular bail was rejected.
Learned counsel appearing on behalf of the petitioner has submitted that co-accused Rajesh Kumar has been allowed regular bail by this Court by an order dated 08.06.2020 passed in Cr. Misc. No. 8218 of 2020. He has also submitted that another co-accused Bhola Yadav has also been granted regular bail.
Be that as it may, since petitioner's prayer for regular bail was earlier rejected after perusing the case diary, considering gravity of the offence and seriousness of the accusation, in my view, since no new material is there for reconsidering the petitioner's case for the purposes of grant of regular bail, this application is rejected.
The petitioner shall be at liberty, however, to renew
Patna High Court CR. MISC. No. 19077 of 2021(2) dt.28-07-2021 3/3 his prayer for bail after six months, if, in the meanwhile, there is no progress at all in the trial before the Court below. (Chakradhari Sharan Singh, J) Pawan/- U T