Kripal Yadav @ Kumar Boss @ Kumar Sagar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15353 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== KRIPAL YADAV @ KUMAR BOSS @ KUMAR SAGAR, aged about 21 years, Male, Son of Krishna Prasad @ Krishna Pd. Yadav Resident of VillageDhurgawan, P.S.- Rajauli , District- Nawada. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Pramod Kumar Verma, Advocate.
For the Opposite Party :
Mr.Arun Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 03.08.2018 in a case for the offence registered under Section 395 of the IPC.
The prosecution story, in brief, is that on 22.02.2018, the informant being the driver was transporting Truck from Patna to Simdega and under Rajauli police station, six criminals stopped the Truck overtaking by car and kidnapped the informant and cleaner on revolver point and robbed the Truck and dropped them on the way.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.15353 of 2019(3) dt.15-04-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come merely on the basis of confessional statement of co-accused. The petitioner has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. Other similarly situated co-accused have been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 79171 of 2018 order dated 23.01.2019 and Cr. Misc. No. 11505 of 2019 order dated 26.02.2019. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawada, in connection with Rajauli P.S. Case No. 57/2018. (Sudhir Singh, J) U.K./- U T