Ramesh Yadav @ Pipi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62106 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== PANKAJ KUMAR GUPTA @ PANKAJ SAH Son of Vinod Lal Resident of Village- Kateya, P.S.- Bihiya, District- Bhojpur (Ara). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57618 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== RAMESH YADAV @ PIPI YADAV S/o- Amawas Yadav R/o Village- Kaleya, P.S.- Bihiya, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 62106 of 2021) For the Petitioner/s :
Mr. Malti Kumari, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP (In CRIMINAL MISCELLANEOUS No. 57618 of 2021) For the Petitioner/s :
Mr. Sunil Kumar Yadav, Adv.
For the Opposite Party/s :
Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2022 Heard learned counsel for the parties through video conferencing The petitioners have preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.
As per the prosecution case, 7-8 accused persons
Patna High Court CR. MISC. No.62106 of 2021(3) dt.15-04-2022 2/3 on three motorcycles are said to have robbed the informant and others of their motorcycle and belongings on the point of pistol. It is submitted by learned counsel for the petitioners that the FIR was registered against unknown. The name of the petitioners transpired in course of investigation. The prosecution is mainly relying on the confessional statement of coaccused made before the police as also the confessional statement of the petitioners. No incriminating article has been recovered from the possession of the petitioner. Inspite of the petitioners being in custody since 18.8.2021 and 21.6.2021 respectively, they have not been put on TI parade. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, no incriminating material having been recovered from the possession of the petitioners and investigation in the case having concluded without putting the petitioners on T.I. parade, the Court directs the petitioners to be enlarged on bail in connection with Bihiya P.S. Case no. 59 of 2020 (corresponding to G.R. No. 936 of 2020) on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.62106 of 2021(3) dt.15-04-2022 3/3 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XII, Ara.
(Partha Sarthy, J) Bibhash/- U