Mukesh Kumar @ Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37702 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== MUKESH KUMAR @ MUKESH KUMAR YADAV Son of Dhirendra Yadav Resident of Village - Kisanpur, Ward No. 08, P.S.- Saur Bazar, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Aprajita For the Opposite Party/s :

Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2021 Heard both sides.

The petitioner seeks bail in Raghopur P.S. case No. 107/2020 registered u/s 394 of the IPC and u/s 27 of Arms Act. The informant alleged that while he was returning after shutting down his provision store along with his staff four persons came on two motor cycles and looted away the bag containing Rs. Five lakhs. The informant did not disclose the name of the accused persons.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The name of petitioner surfaced in the case during the course of investigation in the confessional statement of co-accused. The petitioner was also arrested and he was forced to confess his guilt. The police

Patna High Court CR. MISC. No.37702 of 2020(5) dt.17-03-2021 2/2 seized the motor cycle and mobile of the petitioner. The petitioner is in custody since 07.06.2020 but he has not been put in T.I. parade. Save and except confession the I.O. did not collect any further tangible material to show the involvement of the petitioner.

Taking into consideration the facts that the informant claimed to identify the accused persons but the police even after arresting the accused, including the petitioner, did not put the petitioner in T.I. parade nor any tangible material has been collected, save and except confession of the accused, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Supaul in connection with Raghopur P.S. case No.107/2020. (Prabhat Kumar Jha, J) BKS/- U T