Sunil Kumar Yadav @ Bachha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26048 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -FORBESGANJ District- ARRARIA ====================================================== Sunil Kumar Yadav @ Bachha Yadav, Son of Chandeshwari Yadav, Resident of Village- Parwaha, P.S.- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 26.01.2018 in connection with Forbesganj P.S. Case No. 43 of 2018, G.R. No. 184 of 2018 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was going along with his friend Mukesh Kumar to buy chicken and its food, on the way four unnamed persons intercepted his motorcycle snatched Rs. 1,25,0000/- from him and Rs. 92,000/- from his friend, also snatched the motorcycle and

Patna High Court Cr.Misc. No.26048 of 2018 (2) dt.02-05-2018 2/3 mobiles being possessed by the informant and his friend. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and bears no criminal history. He submits that it is only on the basis of confessional statement of one Roushan Kumar before the police which has no evidentiary value in the eye of law that he has been made accused and the recovered Rs. 27,000/- from his possession was his own money. He submits that T.I. Parade has not been done so far and the informant who has good relations with the petitioner has stated before the Chief Judicial Magistrate, Araria that he personally knows the petitioner and has not seen the petitioner committing the said offence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 43 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient

Patna High Court Cr.Misc. No.26048 of 2018 (2) dt.02-05-2018 3/3 immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T