Bibod Yadav @ Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36515 of 2021 Arising Out of PS. Case No.-104 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Bibod Yadav @ Binod Yadav S/O Maheshwar Yadav @ Maheshwar Khirhar R/O Village Rampur Alauli, P.S-Alauli, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nawkothi P.S. Case No. 104/2019 instituted for the offences under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 15.09.2020, charge-sheet has been submitted in this case and he has one criminal antecedent, which is mentioned in para 3 of the bail application, Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that on 04.09.2019 when the informant alongwith his wife were coming from Salona to his village on motorcycle and when they were reached at Pirnagra then miscreant's on motorcycle overtook them and pointed pistol on the informant

Patna High Court CR. MISC. No.36515 of 2021(2) dt.06-12-2021 2/2 and snatched his motorcycle, gold ear, ID card, bluetooth, one mobile etc., further the informant also disclosed the description and age of the miscreants.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. On the basis of confessional statement of co-accused, namely, Rupesh Kumar, petitioner has been made accused in this case. The said motorcycle has also been recovered from the house of co-accused Rupesh Kumar, there is no T.I. Parade till date and on incriminating articles have been recovered from the possession of the petitioner. Learned APP for the State opposes the bail application.

Considering the facts aforesaid and that petitioner has not been put on T.I. Parade, the petitioner, above named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nawkothi P.S. Case No. 104/2019.

(Satyavrat Verma, J) amitkumar/- U T