Abhishek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20999 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- AANDAR District- Siwan ====================================================== Abhishek Yadav Son Of Sanjay Yadav Resident Of Village- Gayghat P.S Andar, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 30.12.2022, in connection with Andar P.S. Case No. 285 of 2022, F.I.R. dated 26.12.2022 registered for the offences punishable under Sections 394, 302of the Indian Penal Code and Section 27 of the Arms Act.

3. The F.I.R. of the occurrence of loot and murder is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the petitioner's name has been transpired on the basis of the disclosure made by spy and thereafter self confessional statement of the petitioner. He

Patna High Court CR. MISC. No.20999 of 2023(4) dt.02-08-2023 2/2 further submits that till date no test identification parade was conducted by the prosecution and the looted articles have not been put on test identification parade. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 30.12.2022.

5. Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that it has come during investigation that the petitioner was involved in the present crime in question and some looted jewelleries have been recovered from the house of the petitioner and almost all the accused persons have confessed their guilt in the present occurrence including the petitioner.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Andar P.S. Case No. 285 of 2022 pending in the Court of Additional Chief Judicial Magistrate-IV, Siwan.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T