Patna High CourtCR. MISC./14404/2024bail rejected

Raja Yadav v. The State Of Bihar

2024-08-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14404 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Raja Yadav S/O Shivji Yadav R/O Village- Chiki @ Chaki Mathura Dera, P.SBrahmpur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 94 of 2023 lodged on 27.02.2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against three unknown accused persons against whom there is an allegation of robbery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there is no material against the petitioner in the FIR, as FIR has been filed against unknown persons. Moreover, nothing incriminating has been recovered from the possession of the petitioner. He further submits that antecedent of the petitioner is

Patna High Court CR. MISC. No. 14404 of 2024(5) dt.07-08-2024 2/2 not clean and he is in custody since 28.03.2023. He submits that other co-accused person has been granted bail by this Court vide order dated 18.10.2023 passed in Criminal Miscellaneous No. 68418 of 2023.

5. Learned counsel for the State opposes the prayer for bail and submits that the case of the petitioner is on different footing as like that of other accused person. He submits that in the rejection order, it has come that the petitioner has been identified in the Test Identification Parade. He further submits that the petitioner is accused in eight more criminal cases apart from the present case.

6. As such, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Dumraon P.S. Case No. 94 of 2023, pending before the learned Chief Judicial Magistrate, Buxar, is hereby rejected.

(Dr. Anshuman, J.) Ashwini/Aman/- U T