Chhotu @ Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13069 of 2020 Arising Out of PS. Case No.-57 Year-2019 Thana- AMBA District- Aurangabad ====================================================== CHHOTU @ OM PRAKASH YADAV S/o Krishna Yadav R/o villageChatra, P.S.- Fesar, District- Aurangbad ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and the learned APP appearing for the State. The petitioner seeks regular bail in connection with Amba P.S. Case No. 57 of 2019 for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having snatched the pick-up van of the informant apart from looting a sum of Rs. 3000/- in cash and mobile phone. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in

Patna High Court CR. MISC. No.13069 of 2020(3) dt.03-06-2020 2/3 the present case and is languishing in custody since 05.11.2019. It is further submitted that neither any recovery has been effected from the petitioner as far as the looted articles are concerned, nor T.I. Parade has been held so as to connect the petitioner with the alleged crime. It is further submitted that the petitioner is an accused in two other cases and only after he was arrested in one of the said cases, he has been remanded in the present case.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into the fact that the petitioner has not been named in the F.I.R. and moreover, no T.I. Parade has been held so as to connect the petitioner with the alleged crime, apart from the fact that no recovery of the looted articles has been effected from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

According, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13069 of 2020(3) dt.03-06-2020 3/3 satisfaction of the learned C.J.M., Aurangabad (Bihar) in connection with Amba P.S. Case No. 57 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T