Parshuram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41428 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- GANGTA District- Munger ====================================================== PARSHURAM YADAV S/O LATE LAXMAN YADAV R/o villageGorakhadih, P.S.- Khesar (Belhar), District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons blocked the road and on the gun point looted the belongings of the informant and others. One of the miscreants was arrested on the spot.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Udhav Pathak. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner claims clean antecedent and is in custody since 15.12.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.41428 of 2021(3) dt.07-09-2021 2/2 prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Smt. Shweta Grewal, Judicial Magistrate, 1st class, Munger in connection with Gangta PS case No. 139/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T