Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54283 of 2017 Arising Out of PS.Case No. -410 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Anil Yadav, Son of Ramdev Yadav, resident of Village- Sumoul, P.S.- Forbesganj, District- Araria, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 410 of 2017 registered under Section 392 of the Indian Penal Code.

Four motorcycle borne criminals are said to have looted Rs. 4,00,000/- from the cash box of the informant and golden chain of his brother descending the grocery shop of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner

Patna High Court Cr.Misc. No.54283 of 2017 (2) dt.14-12-2017 2/2 is not specific rather omnibus. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of the co-accused recorded in Forbesganj P.S. Case No. 446 of 2017. Petitioner is also accused in the said case, but he has been enlarged on bail in the said case. He was not put on T.I.P. The petitioner has been languishing in custody since 20.06.2017. Similarly situated co-accused Rupesh Yadav @ Rupesh Kumar Yadav has been enlarged on bail by a coordinate bench of this court in Cr. Misc. No. 54231 of 2017 vide order dated 09.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 410 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T