Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30333 of 2020 Arising Out of PS. Case No.-256 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== SUBHASH YADAV Son of Ramchandra Yadav Resident of Village- Katiaya, Police Station- Lauriya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chautarwa P.S. Case No. 256 of 2018 for the offence registered under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant and thereafter they are stated to have made the informant sit on their motorcycle and had taken him away. It is further alleged that the said miscreants had then snatched a sum of Rs. 3,35,000/- from the pocket of the informant apart from snatching his cheque book, ATM card etc. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 25.05.2019. It is further submitted that neither any Test Identification Parade has

Patna High Court CR. MISC. No.30333 of 2020(3) dt.06-01-2021 2/2 been held till date so as to connect the petitioner with the alleged crime nor any recovery of the looted cash amount has been made from the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary as also considering the fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime and moreover no looted cash amount has been recovered from the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 learned Additional Chief Judicial Magistrate-Ist, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 256 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T