Jhunkilal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18756 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== JHUNKILAL YADAV Son of Late Brahamdeo Yadav Resident of village - Surmaha Kishanpur, Ward No.- 3, P.S.- Surbazar, District - Saharsha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, six accused persons on the point of fire-arm committed dacoity and took away Rs.4.5 Lacs in cash from the shop of the informant.

It is submitted by learned counsel for the petitioner that the FIR was registered against the six unknown. The petitioner was falsely implicated in the case in course of investigation. On being falsely implicated in another case, the alleged confessional statement of the petitioner was recorded wherein he is alleged to have confessed having committing the occurrence as stated in the

Patna High Court CR. MISC. No. 18756 of 2022(3) dt.23-12-2022 2/2 instant FIR. Contrary to the allegation no incriminating article has been recovered from the petitioner's possession. He is in custody since 19.4.2021 and has not been put on T.I. Parade. Charge-sheet has been submitted in the case.

The application for bail is opposed by learned A.P.P for the State who submits that Rs. 15,000 in cash was recovered from the petitioner's possession.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner, the material that has transpired in course of investigation, the petitioner not having been put on T.I. Parade inspite of being in custody for about 1 year 8 months since 19.4.2021 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Madhepura P.S. Case no. 63 of 2021 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, Madhepura. (Partha Sarthy, J) avinash/shiv U T