Patna High CourtCR. MISC./31406/2018bail granted

Ajit Yadav v. The State Of Bihar

2018-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31406 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -NARHAT District- NAWADA ======================================================

1. Ajit Yadav S/o Kuldeep Prasad, R/o Ambatari, P.S.- Rajauli, DistrictNawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Narhat P.S. Case No. 10 of 2018 registered under Section 412 of the Indian Penal Code. As per the prosecution case, belongings and car of Sudhir Singh was looted by some unknown miscreants and looted car was found parked on the road on the west of Kumhar Toli and the petitioner and four other accused persons were sitting in another vehicle parked near the aforesaid car. The petitioner also confessed his guilt in the aforesaid occurrence of dacoity. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has no concern with the

Patna High Court Cr.Misc. No.31406 of 2018 (2) dt.22-05-2018 2/2 aforesaid occurrence. He was unfortunately sitting in another vehicle parked near the looted vehicle and has been falsely implicated in this case by the police merely on suspicion. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring his confessional statement, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent. The petitioner has been languishing in custody since 09.01.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Narhat P.S. Case No. 10/2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T