Gabbar Rishidev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52639 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- JADIA District- Supaul ====================================================== GABBAR RISHIDEV S/o VINDESHWARI RISHIDEV R/o VILLAGEBELSARA NEMANI MUSHARI TOLA, WARD No. 9, P.S- RANIGANJ, DISTRICT-ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv For the Opposite Party/s :

Mr. Madhura Nand Jha, ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2022 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Jadia P.S. Case No. 235 of 2020 registered for the offence under Section 392 of the I.P.C.

As per the First Information Report, three unknown persons allegedly looted a sum of Rs. 60,900/-, Samsung Tab and other articles from the informant on gun point and fled away.

Learned counsel for the petitioner submits that petitioner is not named in the First Information Report and he has been dragged in this case on the basis of confessional statement of the co-accused, Rupesh Kumar. He further submits petitioner has not been put on T.I. parade, he is in custody since 20.01.2021 and no looted article or any incriminating material has been recovered from the possession of the petitioner. Learned counsel next submits that the co-accused

Patna High Court CR. MISC. No.52639 of 2021(4) dt.05-05-2022 2/2 person, Rupesh Kumar @ Kanjharka upon whose confessional statement, the petitioner has been implicated in this case, has been granted bail by this Court vide Cr. Misc. No. 32610/2021. Regards being had to the submissions made by the parties and taking into consideration the materials available on record, petitioner is in custody since 20.01.2021, charge sheet has already been submitted and the co-accused, namely, Rupesh Kumar @ Kanjharka has been granted granted bail by this Court, I am inclined to grant regular bail to the petitioner subject to the condition that the petitioner shall remain present on each and every date during course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

Accordingly, let the petitioner, GABBAR RISHIDEV, be released on regular bail on furnishing bail bond of Rs. 20000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 5th, Supaul/the Court concerned in connection with Jadia P.S. Case No. 235 of 2020. (Anil Kumar Sinha, J) perwez U T