Bhavesh Yadav @ Bhavesh Kr. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11995 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- KATORIYA District- Banka * ====================================================== Bhavesh Yadav @ Bhavesh Kr. Yadav, Son of Nemani Yadav, Resident of Village - Sejwa , P.S. Katoria, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 12.07.2018 in a case registered for the offence punishable under Section 394 of the Indian Penal Code.
The prosecution case is that the informant along with his two brothers were returning to their house after closing their shop. In the meantime, four persons including the petitioner, robbed Rs. 15,000/- cash from the pocket of the informant. It is further alleged that one mobile phone which belongs to one of accused person, fell down on the ground and the same was handed over to the police. The name of the petitioner sprang up on the confessional statement of the co-accused, Pappu Yadav. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.11995 of 2019(2) dt.27-02-2019 2/2 that no recovery has been made from the conscious physical possession of the petitioner. It is further submitted that neither the petitioner is named in the FIR nor he has been put on T.I. parade and the investigation has already been concluded. Learned APP for the State submits that the name of the petitioner sprang up on the confessional statement of the coaccused. Considering the fact that nothing has been recovered from the conscious physical possession of the petitioner, the petitioner has not been put on T.I. parade and the fact that the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Banka in connection with Katoria P.S. Case No.21 of 2018.
(Dinesh Kumar Singh, J) Deepak/- U T