Tuntun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41601 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- GANGTA District- Munger ====================================================== TUNTUN YADAV Son of Sitaram Yadav Resident of Village - Dhankuriya, P.S.- Belhar, Distt.- Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar . ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deep Nishi, Advocate For the Opposite Party/s :
Mr. Umashankar pd singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under section 394 and other allied sections of the Indian Penal Code.
As per the prosecution case, this petitioner and 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 for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. Petitioner's name has figured during course of investigation in confessional statement of coaccused. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 15.12.2020.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner was apprehended on the spot and some looted articles were recovered from his
Patna High Court CR. MISC. No.41601 of 2021(3) dt.10-03-2022 2/2 possession.
Considering the nature of accusation and materials available on the records against the petitioner, his prayer for bail is refused.
(Prabhat Kumar Singh, J) shashi/- U T