Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6623 of 2021 Arising Out of PS. Case No.-6 Year-2017 Thana- TRIVENIGANJ District- Supaul ====================================================== Ramesh Yadav Son of Late Gayani Yadav Resident of Village- Khute Thakurwari, P.S.- Jadia, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Triveniganj P.S. Case no. 6 of 2017 registered under section 392 of the Indian Penal Code, against unknown.

As per allegation in the FIR, while the informant was returning on his cycle, it is stated that three accused persons on a motorcycle overtook him and after forcing him to stop dispossessed the informant of Rs.27,000/ in cash, a mobile phone and other articles as mentioned in the FIR. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person

Patna High Court CR. MISC. No.6623 of 2021(3) dt.22-06-2021 2/3 or possession of the petitioner. The name of the petitioner transpired in the confessional statement of Manik Lal and it transpired in course of investigation that the petitioner was seen moving around with the said Manik Lal. It is submitted that neither any incriminating article has been recovered from the possession of the petitioner nor has he been put on T.I. parade. The cause of his implication is his antecedent. He is in custody since 5.6.2020 and charge-sheet has been submitted in the case. The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that although the petitioner is not named in the FIR but material to implicate the petitioner has transpired in paragraph nos.

6, 7, 8, and 19 of the case diary wherein it has transpired that he was seen moving around with co-accused Manik Lal. Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case together with no incriminating article having been recovered from possession of the petitioner and the petitioner not having been put on T.I. Parade in spite of being in custody since 5.6.2020, i.e., for more than one year and charge-sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.6623 of 2021(3) dt.22-06-2021 3/3 bail in connection with Triveniganj P.S. Case no. 6 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- I, Supaul. (Partha Sarthy, J) Bibhash U