Bibodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52879 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- MANSI District- Khagaria ====================================================== BIBODH YADAV SON OF MAHESHWAR YADAV @ MAHESHWAR KHIRHAR R/O VILLAGE- RAMPUR ALAULI, P.S.- ALAULI, DISTRICTKHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, the accused persons on two motorcycles are said to have robbed the informant on the point of a pistol of his motorcycle, Rs.25,000/ in cash besides other articles as mentioned in the F.I.R. Amongst the accused the informant identified the accused Shoshal Yadav. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against Shoshal Yadav and three unknown. Referring to the order of the learned trial court, it is submitted that the material that has transpired in course of

Patna High Court CR. MISC. No.52879 of 2021(2) dt.09-03-2022 2/2 investigation has been dealt with in the order in detail. The name of the petitioner transpired in the confessional statement of co-accused Sattan. No incriminating article has been recovered from the petitioner's possession and inspite of being in custody since 26.9.2020, the petitioner has not been put on T.I. parade. It is further submitted that F.I.R. named accused Shoshal Yadav has been enlarged on bail vide order dated 22.12.2020 passed in Cr. Misc. no.34586 of 2020. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, grant of bail to the F.I.R. named accused Shoshal Yadav, the petitioner having remained in custody for 1 year 5 months and chargesheet having been submitted without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Mansi P.S. Case no.16 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria.

(Partha Sarthy, J) Saurabh/- U T