Deepak Yadav @ Deepak Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.22001 of 2016 (2) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22001 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -DAGARUA District- PURNIA ======================================================

1. Deepak Yadav @ Deepak Kumar Yadav Son of Late Jeevan Yadav resident of village - Naya Tola, Jurabganj, P.S. Kordha, Disttrict - Katihar .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Prasad Singh For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Dagarua P.S. Case No. 13 of 2016 registered for the offences punishable under Sections 392/411 of the Indian Penal Code. Allegedly, one person snatched the bag containing cash of Rs. 40,000/- which was withdrawn by the informant from his account and tried to flee away by motorcycle which was in starting position but due to alarm being raised and with the help of nearby persons the petitioner was caught with bag containing cash and motorcycle and other co-accused whose name was disclosed as Sani Yadav fled away.

Submission is of false implication and that the petitioner is not able to commit such crime, he has been made victim of

Patna High Court Cr.Misc. No.22001 of 2016 (2) dt.23-05-2016 circumstances, the right shoulder of the petitioner was got permanently fractured which is evident from annexure-2 and as such the petitioner who was brutally assaulted by the informant and others deserves sympathetic consideration as he is suffering in custody since 30.01.2016 having no criminal antecedent. Learned APP seriously opposes the prayer of bail by submitting that the petitioner was apprehended with snatched bag, cash and motorcycle which was used in the crime. In the facts and circumstances stated above, at present, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, let the trial be expedited and concluded as early as possible taking the same on priority basis, preferably within six months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) avin/- U T