Patna High CourtCR. MISC./33655/2020dismissed

Rinku Yadav v. The State Of Bihar

2021-01-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33655 of 2020 Arising Out of PS. Case No.-98 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== RINKU YADAV S/o Saral Yadav R/o village- Khochariyaon, P.S.- Bagen Gola, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Brahampur P.S. case No.98 of 2018 registered under Sections 461, 379 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Buxar. Later on, Section 411 of I.P.C. has been added. Allegation is that unknown miscreants looted away the mobile shop of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.05.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused Bahadur Yadav. Except for this, there is

Patna High Court CR. MISC. No.33655 of 2020(3) dt.15-01-2021 2/2 no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner. No T.I.P. has been conducted to ascertain the participation of the petitioner in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The petitioner has got as many as 21 cases pending against him.

Considering the antecedents of the petitioner, I am not inclined to grant bail to the petitioner at this stage. The same is rejected.

(Sudhir Singh, J) Narendra/- U T