Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40712 of 2020 Arising Out of PS. Case No.-315 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== SIKANDAR YADAV SON OF BINDI YADAV @ BINDA YADAV RESIDENT OF VILLAGE- MURLI, P.S.- CHHAURADANO, DISTRICTEAST CHAMPARAN MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Adapur P.S. Case No. 315 of 2019, registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, while the informant along with his brother was returning home and reached near Andhra Panchayat Bhawan, four bike borne miscreants on the point of pistol took away cash of Rs. 45,000/- and one mobile from possession of the informant and also assaulted his brother by the butt of pistol and snatched his mobile. Out of four miscreants,

Patna High Court CR. MISC. No.40712 of 2020(3) dt.08-04-2021 2/3 informant claimed to have identified three miscreants who are named in the FIR.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Himanshu Kumar. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 22.02.2020. Considering the fact that no recovery has been made from possession of this petitioner and TIP has not been held till date, the petitioner above-named, 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 Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Adapur P.S. Case No.

Patna High Court CR. MISC. No.40712 of 2020(3) dt.08-04-2021 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T