Rahul Yadav @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15906 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Rahul Yadav @ Rahul Kumar Son of Pradip Yadav resident of village - Pothiya, Police Station - Simraha, District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner seeks permission to make correction in paragraph 3 of the application. He is permitted to do so.
The petitioner is languishing in custody since 26.08.2014 in connection with Forbesganj P.S. Case No. 252 of 2014 for the offences instituted under sections 395 of the Indian Penal Code.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on the date of occurrence, the informant along with Senior Branch Manager was going to deposit the amount of Rs.8,89,270/- in the Bank of
Patna High Court Cr.Misc. No.15906 of 2015 (2) dt.09-06-2015 Baroda and when they reached near Chauttal of the building, two accused persons having Pistol in their hands were standing there from before. One of the accused put his pistol on the temple of the informant which was protested on which the miscreants assaulted him with the butt on the hand and snatched away the attaché containing money and fled away.
It is submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. The name of the petitioner has appeared on the basis of the confessional statement of co-accused Abhimanyu Yadav. It is further stated that except the confessional statement before the police, there is no evidence against the petitioner. There is no recovery from the possession of the petitioner nor the petitioner has been put on T.I. parade. It is further submitted that co-accused Abhimanyu Yadav has been granted bail by another Bench of this Court by order dated 13.02.2015 vide Criminal Misc. No. 5615 of 2015. On behalf of the State it has been submitted that the petitioner has played active role in the present case. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief
Patna High Court Cr.Misc. No.15906 of 2015 (2) dt.09-06-2015 Judicial Magistrate, Araria in connection with Forbesganj P. S. Case No. 252 of 2014.
(Sudhir Singh, J) Amin/- U