Raj Kishor Yadav @ Bhalla @ Raj Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26046 of 2020 Arising Out of PS. Case No.-299 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== RAJ KISHOR YADAV @ BHALLA @ RAJ KISHORE YADAV Son of Heraman Yadav @ Chaoudhary @ Hareram Chaudhary @ Hiraman Chaudhary Resident of Village- Bahora Tola, P.S.- Manjhagarh, DistrictGopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 414 of the Indian Penal Code and Sections 25(1-b)A,

Patna High Court CR. MISC. No.26046 of 2020(2) dt.12-10-2020 2/3 26, 35 of the Arms Act.

The prosecution case, in short, is that while in course of checking the vehicle, the informant signalled a Scorpio to stop, the Scorpio was not stopped and the same was chased. It is further alleged that three persons alighted from the Scorpio and began fleeing. One person was caught hold of along with the Scorpio.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 1006-2019. There is no recovery from possession of the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the participation of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Shri R. M.

Patna High Court CR. MISC. No.26046 of 2020(2) dt.12-10-2020 3/3 Tiwary, learned Judicial Magistrate-Ist Class, Gopalganj in connection with Manjhagarh P.S. Case No. 299 of 2018. (Sudhir Singh, J) A.K.V.//- U T