Balram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50227 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== BALRAM YADAV S/o Sattan Yadav R/o village- Bishanpur Jichcho, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Lodipur P.S. Case No. 11 of 2021 instituted for the offences under Sections 385 and 387/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that he received information that some accused were illegally collecting toll tax from the vehicle owner, accordingly, the informant reached the place of occurrence and arrested Kundan Yadav who disclosed the name of the petitioner and said that they collected Rs.100-200/- from

Patna High Court CR. MISC. No.50227 of 2021(2) dt.01-02-2022 2/2 each vehicle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot and his name came in the confessional statement of co-accused which has no evidentiary value, no vehicle owners have made any complaint regarding illegal collection of toll by unknown persons and further other co-accused have already been granted bail. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and name of the petitioner transpired in the confessional statement, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with Lodipur P.S. Case No. 11 of 2021. (Satyavrat Verma, J) Kundan/- U T