Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34051 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Om Prakash Yadav Son of Dev Prasad Yadav Resident of Village - Navtol, P.S.- Phulparas, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Lakhnaur (RSOP) P.S. Case No. 80 of 2022 giving rise to G.R. No. 840 of 2022 registered for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 10.10.2022.

The allegation against this petitioner is to commit robbery alongwith other co-accused persons, while committing so taken away cash of Rs. 1,18,847/-, which was in possession of informant at the time of occurrence.

Patna High Court CR. MISC. No.34051 of 2023(2) dt.26-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of this petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused, namely, Dev Krishna Yadav, where in furtherance of no incriminating material recovered/surfaced to connect petitioner with present occurrence of robbery. It is submitted that petitioner was not put on TIP, as yet. It is submitted that said co-accused Dev Krishna Yadav has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 28602 of 2023 vide order dated 24.05.2023. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as save and except confessional statement of co-accused, nothing incriminating appears against this petitioner to connect him with present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 10.10.2022, accordingly the petitioner, above named, is directed

Patna High Court CR. MISC. No.34051 of 2023(2) dt.26-06-2023 3/3 to be released on bail in connection with Lakhnaur (RSOP) P.S. Case No. 80 of 2022 giving rise to G.R. No. 840 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Class, Jhanjharpur, Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T