Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38191 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Upendra Yadav Son Of Shiv Balak Prasad Yadav @ Shivbalak Ray Resident Of Village - Rup Chhapra, P.S. - Sahebganj, Distt. - Muzaffarpur. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Chakia P.S. Case No. 213 of 2022 registered for the offence under Section 395 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 19.10.2022.

The allegation against the petitioner is to commit dacoity alongwith other co-accused persons, while committing so looted 7 Kg of gold made ornaments, 50 Kg of Silver made ornaments and 60,000/- cash from the jewellery shop of the informant. It is further alleged that firearm injury was caused to

Patna High Court CR. MISC. No.38191 of 2023(2) dt.12-07-2023 2/3 staffs of the shop and also indiscriminate firing was made during the course of occurrence.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of coaccused, namely, Pankaj Kumar, where in furtherance of which no incriminating material recovered/surfaced to connect petitioner prima facie with present occurrence of dacoity. It is submitted that petitioner not put on TIP as yet. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as save and except self confession, no incriminating material recovered/surfaced from petitioner to connect him prima facie with the present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 19.10.2022, accordingly, petitioner above named, is directed to be released on bail in

Patna High Court CR. MISC. No.38191 of 2023(2) dt.12-07-2023 3/3 connection with Chakia P.S. Case No. 213 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T