Pradeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75128 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== Pradeep Kumar Yadav, Son of Uma Shankar Yadav, Resident of VillageManpur, P.S.- Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 394 of the IPC. The prosecution case, as per the written report of Dharmendra Ram, dated 01.06.2018, submitted to the Station House Officer, Daraunda Police Station, is to the effect that on 31.05.2018, some miscreants, on the point of pistol, robbed the motorcycle, two mobile phones, Rs. 1000/- cash from the informant. The accused persons also assaulted the informant. The FIR was lodged against unknown, but it appears that during

Patna High Court Cr.Misc. No.75128 of 2018(2) dt.11-01-2019 2/3 investigation, it was found that the robbed mobile phone was being used by the co-accused Sandeep Kumar Yadav, who was subsequently apprehended and confessed his guilt and also named the petitioner to the effect that the petitioner had made the plan of commission of robbery.

It is submitted by learned counsel for the petitioner that no recovery has been made from the petitioner. The apprehended co-accused, Sandeep Kumar Yadav did not disclose that any robbed article is shared by the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the confession of apprehended accused.

Considering the fact that petitioner's name sprang up on the confession of co-accused, but no recovery has been made from the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.75128 of 2018(2) dt.11-01-2019 3/3 satisfaction of learned ACJM-VI, Siwan in connection with Daraunda P.S. Case No. 100 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T