Nandlal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34737 of 2020 Arising Out of PS. Case No.-129 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== Nandlal Yadav, aged about 19 years, Gender-Male, son of Lal Babu Yadav, Residence of Village - Haat Saraiya, P.S.- Bairiya, District- West Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Binay Kumar, Advocate.
For the Opposite Party :
Mr. C. Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 394 of the I.P.C. and 37(c) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that on 26.03.2020 while the informant was returning on motorcycle to his house after purchasing medicines, three persons stopped him. Out of them, one person took Rs. 1,000/- and Mobile Phone from his pocket. On objection, second one pushed him from the motorcycle and third one assaulted with Bamboo on the head of
Patna High Court CR. MISC. No.34737 of 2020(2) dt.20-01-2021 2/3 the informant causing head injury. All were in drunken state. The police came and arrested co-accused Shyambabu Patel. He disclosed the name of petitioner and other co-accused who fled away from the place of occurrence.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 05.06.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Neither there is recovery of any incriminating article from possession of the petitioner nor the petitioner has been put on T.I. Parade to ascertain his participation in the alleged occurrence. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.34737 of 2020(2) dt.20-01-2021 3/3 satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 129/2020. (Sudhir Singh, J) U.K./- U T