Mahabir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44165 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- OBRA District- Aurangabad ====================================================== Mahabir Yadav Son of Late Ram Bilash Yadav R/O Village- Bhagwan Bigha, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Obra P.S. Case No. 98 of 2022 registered for the offence under Section 394 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 08.03.2022.

The allegation against the petitioner is to commit robbery and while committing so taken away cash of Rs. 32,000/- belongs to informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.44165 of 2022(2) dt.25-11-2022 2/3 submitted that the name of petitioner was surfaced in present case merely for the reason, as unknown miscreants named this petitioner while committing robbery that he belongs to the gang of Mahavir Yadav of village Bhagwan Bigha. It is further submitted that no recovery was made from the possession of this petitioner, which may connect him with present occurrence. It is also submitted that petitioner was not put on TIP as yet. While concluding the argument, it has been submitted that petitioner involved in one more case, where he is on bail and moreover, investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except naming by unknown miscreants, nothing surfaced during the course of investigation, which may connect this petitioner, prima facie, with the present set of robbery coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Obra P.S. Case No. 98 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44165 of 2022(2) dt.25-11-2022 3/3 satisfaction of learned S.D.J.M.

Daudnagar, Aurangabad/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T