Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41164 of 2020 Arising Out of PS. Case No.-190 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== Vikash Yadav S/o- Ramaji Chaudhary Resident of Village- Badram, P.S.- Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Mishra, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Hussainganj P.S. Case no. 190 of 2020 registered under section 392 of the Indian Penal Code.

As per allegation in the F.I.R., three accused persons forcibly took away the motorcycle of the informant. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against three unknown. Further referring to the order of the learned Court below, it is submitted by learned counsel that from perusal of the order it would transpire that the learned Court below has dealt with the

Patna High Court CR. MISC. No.41164 of 2020(2) dt.18-03-2021 2/3 contents of the case diary wherein it has transpired that the three accused persons who gave effect to the occurrence were Arjun Kumar, Vikash Yadav and Lalu Yadav and the looted motorcycle was recovered from the house of Dilip Kumar Singh. The name of the petitioner transpired in the confessions statement of coaccused Dilip Kumar Singh made before the police. It is submitted that besides the confessional statement of the co-accused made before police, there is no other material against this petitioner. He has not been put on T.I. parade and is in custody since 1.8.2020. He has no criminal antecedent and charge sheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 1.8.2020, charge sheeet having been submitted in the case and the petitioner not having been put on T.I. parade, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hussainganj P.S. Case no. 190 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.41164 of 2020(2) dt.18-03-2021 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIII, Siwan.

(Partha Sarthy, J) Bibhash/- U T