Deepak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25933 of 2022 Arising Out of PS. Case No.-869 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== DEEPAK YADAV S/o Rakesh Yadav R/o Vill- Naya Tola Jurabganj, P.S.- Kodha, Dist- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anup Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is an accused in connection with Sasaram Town P.S. Case No. 869 of 2021 under Section 392 of the Indian Penal Code.
As per the prosecution story, the unfortunate informant, who along with his wife Sushma Singh went to the State Bank of India, Sasaram for withdrawing Rs. 6 lakhs and the further allegation is that after withdrawal, as they reached their home, the bag, his wife was holding, was snatched by the accused persons and fled away towards Ara-Sasaram highway.
Patna High Court CR. MISC. No.25933 of 2022(2) dt.12-08-2022 2/3 Because of the helmet, the informant could not recognize the accused persons but he did recorded in the FIR that both the persons were about 30 years old.
Subsequently, during the investigation, the police picked up this petitioner on the basis of the C.C. Tv. footage and upon his confession, the motorcycle allegedly used in the said robbery was recovered/seized from his house. He further in his confessional statement stated that he is a part of the inter-state gang that commits robbery. The said confessional statement of the petitioner can be fully corroborated with the fact that although he is the resident of Katihar, the cases he has incorporated in paragraph-3 of the bail application shows that he is accused in Naini (U.P.) P.S. Case No. 1463 of 2018 under Sections 392 and 411 of the Indian Penal Code as also Sahpur P.S. (Gorakhpur U.P.) Case No. 251 of 2020 again registered under Section 392 of the Indian Penal Code.
Further the allegation in the FIR is/was that the accused persons were 30 years old also gets corroborated with the fact that the petitioner in his present bail petition stated that his age about 30 years. Taking into account the aforesaid facts that Rs.
Patna High Court CR. MISC. No.25933 of 2022(2) dt.12-08-2022 3/3 confessional statement, the motorcycle was recovered/seized from his house, criminal antecedent clearly shows that he is a part of the inter-state gang, this Court is not inclined to grant him the privilege of bail which is accordingly rejected. (Rajiv Roy, J) Jagdish/- U T