Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37762 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- PIPRA District- Supaul ====================================================== Anil Kumar Yadav, aged about 24 years, Male, Son of Late Deo Narayan Yadav, Resident of Rajpura Tola, Bela Ward No. 3, Police Station - Pipra, District - Supaul.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Shashi Dhar Jha, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the I.P.C.

The prosecution story, in brief, is that on 05.06.2020 the informant after withdrawing some cash from A.T.M. at Pipra Bazar alongwith the cash which was already in his possession from before, total amounting to Rs. 1,06,500/- reached Tetrahi More on Pipra Singheshwar Road at 3.30 P.M., alongwith his son Trilok Kumar, three persons riding on a Motorcycle without

Patna High Court CR. MISC. No.37762 of 2020(2) dt.05-02-2021 2/3 number plate have stopped them by showing pistol in his hand and on the point of pistol, snatched total cash, two mobiles, his A.T.M. card and A.T.M. card of his wife, Adhar Card, Pan Card and key of his Motorcycle from the pocket of the informant. He claimed that he can identify after seeing them. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 14.06.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of the confessional statement of co-accused. The petitioner has not been put on T.I. Parade to ascertain his participation in the present case. It is further submitted that the petitioner may be released on bail after completion of nine months in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. The Aadhar Card of the informant and A.T.M. Card of the wife of the informant are said to have been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.37762 of 2020(2) dt.05-02-2021 3/3 Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail after completion of nine months in custody on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 6th, Supaul, in connection with Pipra P.S. Case No. 143 of 2020.

(Sudhir Singh, J) U.K./- U T