Degan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42030 of 2021 Arising Out of PS. Case No.-662 Year-2020 Thana- AMARPUR District- Banka ====================================================== DEGAN YADAV S/O LATE CHANDESHWARI YADAV RESIDENT OF VILLAGE-GORA, POLICE STATION-BANKA, DISTRICT-BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 662 of 2020 for the offence registered under Section 392 of the Indian Penal Code. The allegation is regarding unknown miscreant having intercepted the motorcycle of the informant whereafter they had snatched the motorcycle of the informant and had fled away. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 05.04.2021. The learned counsel for the petitioner has further submitted that the name of the petitioner has transpired in the present case upon disclosure made by the co-accused person namely Kailash Yadav in his confessional statement and apart from that there is no material on record to connect the petitioner with the alleged crime.

Patna High Court CR. MISC. No.42030 of 2021(2) dt.05-01-2022 2/2 It is also submitted that no T.I. Parade has been held till date so as to connect the petitioner with the alleged crime and moreover the stolen motorcycle has not been recovered from him. 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 on record as also considering the fact that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor the looted motorcycle 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 Chief Judicial Magistrate, Banka/successor Court, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 662 of 2020.

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