Monu Yadav @ Monu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54716 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Monu Yadav @ Monu Kumar Yadav S/o Dilip Yadav R/o vill - Naya Tola, Jurabganj, P.S. - Kodha, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Govindganj (Areraj) P.S. Case No. 116 of 2023 instituted for the offence under Section 392 of the Indian Penal Code. 3.

Prosecution case in short is that on 28-02-2023 when the informant was coming after withdrawing Rs. 2,14,000/- from Bank, he was accosted with two unknown miscreants who have snatched his bag in which money was kept.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-02-2024. Petitioner bears two criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.54716 of 2024(3) dt.29-10-2024 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation on the basis of CCTV footage. It is alleged that there is recovery of Rs. 1,30,000/- from the house of the petitioner. It is submitted that petitioner was not put on T.I. Parade. No incriminating article has been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that police after investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No.11 of the case diary, it is submitted Bank Manager of the Bank in question has identified the petitioner by CCTV footage.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after

Patna High Court CR. MISC. No.54716 of 2024(3) dt.29-10-2024 3/3 framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Govindganj (Areraj) P.S. Case No. 116 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T