Subodh Yadav @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12443 of 2024 Arising Out of PS. Case No.-590 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Subodh Yadav @ Subodh Kumar, aged about 21 (M) years S/o Late Baudhi Yadav @ Jagroop Prasad Yadav R/o Vill - Kishanpur, P.S. - Madhusudanpur, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No.590 of 2023 registered for the offence under Section 394 of the Indian Penal Code.

3. As per the prosecution case, it is a case of assault upon the informant with country made pistol on the head of the informant and also snatched Rs.70,000/-, a Tab of Samsung Company, a mobile phone and a Pulsar motorcycle bearing registration No. BR-10AH-6013 of the informant. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in

Patna High Court CR. MISC. No. 12443 of 2024(2) dt.27-02-2024 2/3 this case due to high handedness of the police officials. He further submits that no test identification parade has been held and no one has identified the petitioner til date and he has falsely been dragged in this case without any cogent material against him.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of FIR, it appears that the FIR registered under Section 394 of the IPC against named Sanni Yadav and the name of the petitioner surfaced on the basis of confessional statement of named co-accused Sunny Kumar and there is no recovery from the possession of the petitioner and from perusal of impugned order dated 06.01.2024, it appears that the the petitioner is not named in the FIR, no looted articles has been recovered from his possession and petitioner is in custody since 25.08.2023, let the petitioner, above named, is directed to be released on bail in connection with Nathnagar (Madhusudanpur) P.S. Case No.590 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of CJM, Bhagalpur with condition that the petitioner shall remain physically present on each and every date fixed by the trial Court and shall

Patna High Court CR. MISC. No. 12443 of 2024(2) dt.27-02-2024 3/3 cooperate the trial till proceeding of the case. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T