Ashlok Yadav @ Ishlok Kumar @ Shlok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19642 of 2021 Arising Out of PS. Case No.-550 Year-2019 Thana- BARH District- Patna ====================================================== Ashlok Yadav @ Ishlok Kumar @ Shlok Kumar Son Of Rudal Yadav Resident Of Village- Champapur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Barh P.S. Case No. 550 of 2019 instituted for the offences under Section 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant Md. Javed who is driver of the pickup van bearing Registration No. BR01GH8839 had alleged that on 11.11.2019 at about 9.30 pm he proceeded from Patna towards Banka, Naugachiya and Bhagalpur with his pick-up van loaded with goods from Blue Dart and Raj Express and when he reached near N.H. 31, then 10-12 persons riding on three vehicle overtook him and stopped the vehicle. They were in the
Patna High Court CR. MISC. No.19642 of 2021(2) dt.15-11-2021 2/3 age group of 20-30 years and were having pistol. Further, they forcefully tied his hands and legs and took him in their Scorpio vehicle but left him after some distance after snatching Rs. 920/- and mobile bearing no. 9771684632, accordingly he informed the owner of the vehicle who asked him to get an F.I.R. instituted based on which he reached the police station and accordingly the present F.I.R. was instituted and the pick-up van was found in a vacant condition at the road but goods were missing.
Learned counsel for the petitioner submits that the F.I.R. is against unknown and the name of the petitioner transpired in the confessional statement of co-accused Azad Kumar and Vikash Kumar who were arrested in connection with Fatuha P.S. Case No. 83 of 2020. Further, that the informant has specifically given the description of the accused in the F.I.R. but till date the petitioner has not been put on test identification parade. Further, even the pick-up van was recovered from the road and the goods which is alleged to have been looted were basically goods from Blue Dart and Raj Express Courier Company.
Learned counsel for the petitioner submits that after the petitioner was arrested in Fatuha P.S. Case No. 83 of 2020
Patna High Court CR. MISC. No.19642 of 2021(2) dt.15-11-2021 3/3 thereafter he was remanded in several cases as mentioned in paragraph '13'.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 03.09.2020, he is not named in the F.I.R., his name transpired in the confessional statement of the co-accused and the charge-sheet has been submitted in this case and as far as criminal antecedent is concerned, the petitioner in paragraph '13' has given a plausible explanation, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Barh P.S. Case No. 550 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T