Abhinav Singh @ Avinav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32600 of 2024 Arising Out of PS. Case No.-82 Year-2015 Thana- KOCHAS District- Rohtas ====================================================== Abhinav Singh @ Avinav Yadav Son of Raja Ram Singh Resident of village - Indrahiya, P.S.- Sasaram (M), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Kochas (Parsathua O.P.) P.S. Case No. 82 of 2015 dated 30.06.2015 registered for the offence(s) punishable under Section(s) 395 of the Indian Penal Code.

3. Mr. Ajay Kumar Tiwari, learned counsel for the petitioner submits that the occurrence took place in the year 2015 while the petitioner has been remanded in this case on 19.12.2023, after eight years of the occurrence on the basis of confessional statement of co-accused, Munna Choudhary which has got no evidentiary value. The instant matter relates to loot of a truck but after the occurrence the truck was recovered on the basis of secret information in abandoned condition. It is further submitted that petitioner has been languishing in jail since

Patna High Court CR. MISC. No.32600 of 2024(4) dt.26-07-2024 2/3 19.12.2023 and most of the co-accused persons are on bail and he has not been put on Test Identification Parade in the present matter.

4. Though, Mr. Binod Kumar No.3, learned APP appearing for the State opposes the bail prayer of the petitioner but fairly accepted that except the call details between the petitioner and the co-accused at the relevant time there is no material in the case diary to show the petitioner's involvement in the alleged crime.

5. Having regard to the above submissions and mainly considering that the petitioner was remanded in the present matter after eight years of the occurrence and in respect of his involvement, in the alleged crime, the prosecution is mainly relying upon the call details between the petitioner and coaccused as well as confessional statement of co-accused given before the police and the alleged looted truck was recovered in abandoned condition, as stated above, and most of the coaccused are on bail, in my opinion, in the said circumstances, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail in connection with Kochas (Parsathua O.P.) P.S. Case No. 82 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two

Patna High Court CR. MISC. No.32600 of 2024(4) dt.26-07-2024 3/3 sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) BKS/- U T