Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35253 of 2017 Arising Out of PS.Case No. -270 Year- 2016 Thana -KATORIA District- BANKA ======================================================

1. Suresh Yadav Son of Triloki Yadav @ Tilak Yadav, R/o Village- Bela, P.S.- Belhar, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha Mr. Subhash Kr. Jha For the Opposite Party/s : Mr. Murli Dhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 27.05.2017 in connection with Katoria (Suiya) P.S. Case No. 270/16, G.R. No. 2887/16 for offences punishable under Section 395 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he was employed as Munsi of a construction company and in the night of 29-30 September, 2016 six miscreants including the petitioner suddenly came, started assaulting by means of lathi, demanded the phone number of the contractor and threatened with dire consequences if they made contact with anyone on phone. It is further alleged that in course of assault they also snatched the mobiles, purse and Adhar Cards of the informant and his

Patna High Court Cr.Misc. No.35253 of 2017 (2) dt.11-08-2017 2/2 companies and thereafter they fled away.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that his name has surfaced on the confessional statement of one Prakash Yadav before the police, which has no evidentiary value in the eye of law. He further submits that some of the co-accused have been granted privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 28086 of 2017 on 23.06.2017 and Cr. Misc. No. 26094 of 2017 on 06.07.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Banka, in connection with Katoria (Suiya) P.S. Case No. 270/16, G.R. No. 2887/16. (Nilu Agrawal, J) Rajesh/- U T