Bambam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39963 of 2020 Arising Out of PS. Case No.-516 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bambam Yadav, S/O Gurudev Yadav, Resident of Village Gangti Road, P.S. Majahidpur (Babarganj), District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Homayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code. Prosecution case in brief is that as per FIR, the informant is a bank's employee. On 15.102019 he went for group collection and collected total amount of Rs.98,705/- which was kept in his bag. It is alleged that when he was returning to office, then three boys on one bike told him to stop, but the informant did not stop and was later caught by them and pistol was shown to him and he was pushed and his bike key was also taken by the accused persons. It was further alleged that the accused persons snatched his bag containing Rs.98,705/- and other articles as mentioned in FIR, and ran away.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.39963 of 2020(3) dt.22-03-2021 2/2 case. He further submits that the petitioner is not named in the FIR, only on the basis of confession statement of co-accused namely Lalji Kumar, the petitioner has been made accused in this case. The said co-accused has been granted bail by this Hon'ble Court vide order dated 05.03.2020 passed in Cr. Misc. No.12699/2020. There is no any incriminating articles has been recovered from the possession of the petitioner and there is no T.I. Parade till date. The petitioner is languishing in judicial custody since 24.03.2020.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 516/2019 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T