Parma Yadav @ Paramjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45309 of 2022 Arising Out of PS. Case No.-476 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== PARMA YADAV @ PARAMJEET KUMAR S/o Jung Bahadur Yadav R/o village - Jagdishpur, P.S.- Buxar (M), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Brahampur (Chakki O.P.) P.S. Case No. 476 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding three unknown miscreants having intercepted the informant, whereafter a sum of Rs. 2,16,681/- was snatched from him and then, the said miscreants had fled away.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.45309 of 2022(3) dt.09-01-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 25.5.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in three other cases, but he is on bail in all the said three cases. Lastly, it is submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court, vide order dated 19.4.2022, passed in Criminal Miscellaneous No. 67139 of 2021 and as far as the petitioner is concerned, there is no recovery of the looted amount.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the materials available in the case diary, this Court finds that neither any Test Identification Parade has been

Patna High Court CR. MISC. No.45309 of 2022(3) dt.09-01-2023 3/3 held so as to connect the petitioner with the alleged crime nor any recovery of the looted amount has been made from the petitioner, apart from the fact that similarly situated coaccused person has already been granted bail by a coordinate bench of this Court, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Brahampur (Chakki O.P.) P.S. Case No. 476 of 2020.

(Mohit Kumar Shah, J) Ajay/SonalU T