Niraj Kumar @ Tilo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8411 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- BANKA District- Banka ====================================================== Niraj Kumar @ Tilo Yadav S/O Anandi Yadav R/O Village-Balutikar, P.S.- banka, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Banka P.S. Case no.240 of 2020 registered under section 392 of the Indian Penal Code. As per allegation in the FIR, while the informant was returning home after purchase of articles, three accused persons stopped his motorcycle. The informant was assaulted and his motorcycle and other articles as mentioned in the F.I.R. were taken away.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against three unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Satan Kumar Mandal

Patna High Court CR. MISC. No.8411 of 2021(3) dt.13-07-2021 2/2 made before the police. No incriminating article has been recovered from the petitioner's possession nor the petitioner has been put on T.I. parade. The petitioner is in custody since 30.6.2020 and investigation in the case has concluded. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that inspite of the petitioner being in custody for over one year, investigation in the case has concluded without putting the petitioner 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 Banka P.S. Case no.240 of 2020 on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Bibhash U