Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43454 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- RANIGANJ District- Araria ====================================================== RAMESH KUMAR YADAV S/O MAHESHWAR YADAV @ MAHESHWARI YADAV R/o village- Dhima Ward No. 17, P.S.- Banmankhi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Raniganj P.S. Case No. 130 of 2021, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding three unknown miscreants having intercepted the informant whereafter, they are alleged to have snatched cash and other articles from the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.43454 of 2021(3) dt.03-03-2022 2/3 having a clean antecedent and he is languishing in custody since 27.5.2021. The learned counsel for the petitioner has further submitted that the motorcycle, recovered from the house of the petitioner belongs to his cousin brother, namely, Pawan Kumar Yadav, as has been stated in paragraph no. 11 of the present petition. It is further submitted that neither any Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor any looted cash amount has been recovered from the possession of the petitioner and in fact, the looted mobile phone has also not been recovered from the possession of the petitioner. Per contra, the learned APP 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 cash amount has been recovered from

Patna High Court CR. MISC. No.43454 of 2021(3) dt.03-03-2022 3/3 the conscious possession of the petitioner and as far as the motorcycle is concerned, which is alleged to have been used in the commission of crime, the petitioner has categorically stated in paragraph no. 11 of the present petition that the same belongs to his cousin brother, namely, Pawan Kumar Yadav, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Raniganj P.S. Case No. 130/2021.

(Mohit Kumar Shah, J) Ajay/- U T