Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35335 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- PARBATTA District- Bhagalpur ====================================================== Pawan Yadav Son of Late Bhairo @ Mahesh Yadav Resident of Village-Latra, P.S.-Gopalpur, District-Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the State :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2020 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner through video conferencing. Nobody appears on behalf of the State.

Petitioner seeks regular bail in connection with Parbatta P.S. Case No. 103 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code 1860. The allegation as per the First Information Report is that the informant was accosted by two accused persons riding on a Motorcycle and they snatched a sum of Rs.4,000/- from his purse, Motorcycle, Mobile phone etc. and co-accused Govinda has been made accused in the First Information Report on the basis of calling his name by another co-accused. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.35335 of 2020(2) dt.21-12-2020 2/3 his name having been disclosed by the local Chowkidar, on the basis of suspicion. Learned counsel further submits that no incriminating material has been recovered from possession of the petitioner nor he has been put on Test Identification parade uptill now. The petitioner is said to be in custody since 21.4.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that petitioner is in custody since 21.4.2020, charge sheet has already been submitted in the present case and there is no apprehension that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Naugachia, Distt. Bhagalpur, in connection with Parbatta P.S. Case No. 103 of 2019, subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.35335 of 2020(2) dt.21-12-2020 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T