Bholi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5974 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -BAKHTIYARPUR RAIL P.S. District- PATNA ====================================================== Bholi Yadav, Son of Binda Singh, Resident of Village- Alipur, P.S.- Salimpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in G.R.P.

(Bakhtiyarpur) P.S. Case No. 41 of 2016 instituted for the offence under Section(s) 392 of the Indian Penal Code. It is alleged that the informant along with his niece was coming from Bhagalpur Intercity train. It is further alleged that four persons armed with Katta entered into the train near Athmalgola station and snatched the mobiles of informant and his niece and cash of Rs. 4000/-.

It has been submitted on behalf of the petitioner that petitioner was not named in the written report. Moreover, there is no recovery of any incriminating article from the

Patna High Court Cr.Misc. No.5974 of 2017 (4) dt.30-03-2017 2/2 possession of the petitioner and no Test Identification Parade has been held till date.

The petitioner is said to be in custody since 15.09.2016.

From the impugned order, it appears that after arrest, the confessional statement of this petitioner has been recorded by the police.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Patna in connection with G.R.P. (Bakhtiyarpur) P.S. Case No. 41 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T