Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 26217 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Pradeep Yadav Son of Birendra Yadav R/o Village- Distauli, P.S.- Srirampur, District- Deoria (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 330 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the informant is an employee of C.S.P. (Bank of Baroda) at Kadam More Baletha. It is alleged that some unknown persons came on motorcycle and on the point of pistol snatched the bag of the informant containing Rs. 5 lacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional

Patna High Court CR. MISC. No. 26217 of 2024(2) dt.08-04-2024 2/2 statement of co-accused Sanoj Yadav, which has got no evidentiary value in the eyes of law. No incriminating/looted article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 08.12.2023 and has eleven criminal antecedents out of which he has been acquitted in six cases and in other cases he is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Muffasil P.S. Case No. 330 of 2023. (Rudra Prakash Mishra, J) Arish/- U T