Dipak Yadav @ Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26594 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== DIPAK YADAV @ DEEPAK YADAV Son of Sri Haruni Yadav Resident of Village- Indranagar, Jogbani, P.S.- Jogbani, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2020 Heard Mr. Vivekanand Vivek, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Raghopur PS Case No. 120/2019 registered for the offence punishable under Section 392 of the IPC.

3. The allegation, as per First Information Report, is that two persons entered into Petrol Pump of the informant and looted away a sum of Rs. 2, 34,000/- from the counter and they also broke CCTV and took away DVR along with them.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has been remanded in this case from another case bearing Bathnaha PS Case No. 175/2019 registered under Sections 399, 402, 414 IPC and 25 (1-b)a, 26/35 of the Arms Act on the basis of his

Patna High Court CR. MISC. No.26594 of 2020(4) dt.11-12-2020 2/3 confessional statement and on the basis of confessional statement of another co-accused. Learned counsel for the petitioner further submits that petitioner thereafter, has been remanded in another case bearing Raghopur PS Case No. 118/2019 and prior to this case, no case was registered against the petitioner.

5. Learned counsel further submits that no incriminating article or looted property has been recovered from the possession of the petitioner and he has not been put on TIP and in the case diary, it has come to light that only Rs. 50,000/- was allegedly, looted from the said Petrol Pump. Learned counsel next submits that petitioner is in custody in this case since 18.08.2019.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 18.08.2019, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, DIPAK YADAV @ DEEPAK YADAV be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur, Supaul in connection with Raghopur

Patna High Court CR. MISC. No.26594 of 2020(4) dt.11-12-2020 3/3 PS Case No. 120/2019.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T