Subodh Yadav @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13642 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== SUBODH YADAV @ SUBODH KUMAR SON OF SHATRUDHAN YADAV @ SHATRUGHAN YADAV R/O VILLAGE- KASHA, WARD NO.- 03, P.S.- TRIBENIGANJ, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Triveniganj P.S. Case No. 78 of 2021 registered for the alleged offences under Section 392 of the Indian Penal Code.

As per prosecution case, the informant is Relationship Officer with the Bandhan Bank Triveniganj Branch and he was robbed of his A.T.M., aadhar card, driving license and a shoulder bag containing aadhar card of his customers, collection register, tab and cash amount of Rs. 33,400/-. The name of the

Patna High Court CR. MISC. No.13642 of 2022(3) dt.21-12-2022 2/3 petitioner surfaced during investigation as one of the robbers. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R and nothing incriminating has been recovered from the conscious possession of this petitioner and it is apparent from the record that the confession of the petitioner was recorded inside the jail. Charge sheet has been submitted in this case and the petitioner is in custody since 28.06.2021.

Learned APP for the State opposes the prayer for bail of the petitioner submitting that the petitioner is having criminal antecedent.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the distinct lack of material against the petitioner to implicate him in the alleged offences and further considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st, Supaul in connection with Triveniganj P.S. Case No. 78 of 2021, subject to the conditions mentioned in Section

Patna High Court CR. MISC. No.13642 of 2022(3) dt.21-12-2022 3/3 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T