Jai Prakash Yadav @ Karu Yadav @ Jay Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37923 of 2024 Arising Out of PS. Case No.-76 Year-2018 Thana- CHANDRAMANDI District- Jamui ====================================================== Jai Prakash Yadav @ Karu Yadav @ Jay Prakash Yadav Son Of Radhe Yadav Resident Of Village - Chayn, P.S. - Simultalla, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anisha Sinha, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chandramandi P.S. Case no. 76 of 2018 registered under section 394 of the Indian Penal Code.

3. As per the prosecution case, four accused persons on three motorcycle on the point of pistol are said to have robbed the informant of Rs. 1.55 lacs besides other articles as mentioned in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R was registered against four unknown accused persons. The petitioner was falsely implicated in the case in course of investigation on the basis of CDR of his mobile phone as also because of his antecedents. No incriminating article has been recovered from the petitioner's possession and in spite of the

Patna High Court CR. MISC. No.37923 of 2024(3) dt.12-07-2024 2/2 petitioner being in custody since 27.2.2023, charge-sheet has been submitted in the case without putting the petitioner on T.I parade. A number of similarly situated accused have been enlarged on bail vide orders brought on record as Annexure-2 series to the petition.

5. The application for bail is opposed by learned APP for the State who submits that the petitioner has fifteen criminal antecedents.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the nature of material that has transpired in course of investigation, no incriminating article having been recovered from the petitioner's possession and the petitioner not having been put on T.I parade in spite of being in custody for 1 year and 4 month since 27.2.2023, the petitioner is directed to be enlarged on bail in connection with Chandramandi P.S. Case no. 76 of 2018, 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 Judicial Magistrate-1st Class, Jamui. (Partha Sarthy, J) Harsh/- U T