Sheo Mangal Yadav @ Shiv Mangal Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18357 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- KOPA District- Saran ====================================================== SHEO MANGAL YADAV @ SHIV MANGAL KUMAR YADAV Son of Makardhwaj Yadav Resident of Village - Nawalpur Ke Tola, P.S.- Daudpur, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kr Singh No.1 For the Opposite Party/s :
Mr. Ashok Kumar Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Kopa P.S. Case No. 01 of 2020 for the offence punishable under Section 392 of the Indian Penal Code.
The case of the prosecution in brief is that when the informant Sachin Kumar Singh was returning back to his home on 02.01.2020 at about 7:30 P.M. and had arrived near
Patna High Court CR. MISC. No.18357 of 2020(2) dt.05-06-2020 2/3 Majlispur More, three unknown miscreants had arrived there on their motorcycles and their face was covered whereafter they had snatched the mobile phone of the informant and a bag containing important documents and had then fled away. From the records as also from the petition under consideration it is clear that the petitioner has been stated to be innocent, having a clean antecedent and is stated to have been falsely implicated in the present case. The petitioner is stated to be in custody since 24.01.2020 and no Test Identification Parade has been held so as to connect the petitioner with the alleged crime.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is languishing in custody since 24.01.2020, he is having a clean antecedent and also considering the fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail.
Patna High Court CR. MISC. No.18357 of 2020(2) dt.05-06-2020 3/3 Accordingly, the petitioner, above named, is directed to be released 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, Chapra in connection with Kopa P.S. Case No. 01 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T