Rajan Kumar Yadav @ Pintu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24940 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -LAUKHI District- MADHUBANI ====================================================== Rajan Kumar Yadav @ Pintu, S/o Isho Lal Yadav, All R/o Village- Balua, P.S. Laukahi, District- Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Laukahi P.S. Case No. 108/16, G.R. No.1103/16 for offences punishable under Section 392 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that two motorcycle borne criminals snatched Rs. 99,650/- which he had collected from various persons from his business and also took away various documents, driving licence, voter I Card and mobile from the informant at pistol point. The informant claimed to have identified one of the accused persons. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First
Patna High Court Cr.Misc. No.24940 of 2017 (3) dt.03-07-2017 2/3 Information Report and it is only on the basis of confessional statement of co-accused Raj Kumar Yadav @ Pintu Yadav that he has been made accused. He submits that no Test Identification Parade has been done so far and that simply because the petitioner is involved in five more cases earlier that he has been falsely made accused. It is submitted that he is in custody since 09.09.2016 and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It is submitted that another co-accused, who has also been named in the confessional statement of said Raj Kumar Yadav @ Pintu Yadav, has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 12691 of 2017 on 08.04.2017. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Laukahi P.S. Case No. 108/16, subject to the condition that one of the bailors would be a close relative of the petitioner, who will file an affidavit indicating his relation with the
Patna High Court Cr.Misc. No.24940 of 2017 (3) dt.03-07-2017 3/3 petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T