Gopal Yadav @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15570 of 2022 Arising Out of PS. Case No.-896 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Gopal Yadav @ Gopal Kumar Son of Satyendra Yadav @ Suchind Yadav Resident of Village - Lalpur, P.S.- Singheshwar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Madhepura P.S. Case No. 896 of 2020 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 07.06.2021.

The allegation against the petitioner is to commit robbery and while committing so taken away the valuables, biometric equipments and cash of Rs. 2500/- (Rupees Two Thousand Five Hundred) of the informant.

Patna High Court CR. MISC. No.15570 of 2022(2) dt.17-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Sandeep Kumar @ Pehalwan, leading no recovery, which may incriminate or connect the petitioner with the present set of occurrence. It has further been submitted that the said co-accused, namely, Sandeep Kumar has already been granted bail by a learned Coordinate Bench of this Court through Cr. Misc. No. 61948 of 2021 dated 25.03.2022. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that name of the petitioner surfaced on behalf of confessional statement of co-accused.

Considering the facts and circumstances as mentioned above, as name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Sandeep Kumar and nothing surfaced/recovered during the course of investigation, which may incriminate the petitioner with the present set of occurrence, let the petitioner, above named, is directed to be released on bail in connection with Madhepura

Patna High Court CR. MISC. No.15570 of 2022(2) dt.17-08-2022 3/3 P.S. Case No. 896 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr. P.C. (Chandra Shekhar Jha, J) Ankit/- U T