Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22123 of 2016 Arising out of PS.Case No. -214 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Jitendra Yadav, S/o Chhedi Yadav @ Chhatri Yadav, resident of Village - Tikarampur, P.S. - Muffasil, District - Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.02.2016 in connection with Mansi P.S. Case No. 214 of 2015, G.R. No. 2654 of 2015 for the offences instituted under Section 392 of the IPC.

The prosecution story, in brief, is that on 06.11.2015, two unknown culprits intercepted the informant and his companion and committed loot of Rs. 36,680/- alongwith motorcycle of the informant and also assaulted him.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.02.2016 and the charge sheet has been submitted in the present case. The petitioner is not named in

Patna High Court Cr.Misc. No.22123 of 2016 (4) dt.01-08-2016 2/2 the F.I.R. He has been made accused on the basis of a confessional statement of co-accused. There is no recovery of looted motorcycle from conscious possession of the petitioner. On behalf of the State it has been submitted that the name of the petitioner has come in course of investigation as the same is evident from the statements of the witnesses made in paragraph nos. 8, 10 and 11 of the case diary who claimed to have identified the petitioner committing the alleged offence. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Mansi P.S. Case No. 214/2015, G.R. No. 2654/2015, pending in the court of the learned C.J.M., Khagaria. U.K./- (Sudhir Singh, J) U T