Raman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50725 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== RAMAN YADAV S/o Yasho Lal Yadav R/o village- Konar, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioner and the State.

The petitioner who is in custody since 21.02.2019 seeks bail in connection with Phulparas P. S. Case No. 35 of 2019 dated 05.02.2019, corresponding to G.R. No. 193 of 2019, instituted for the offences under Sections 382 and 511 of the Indian Penal Code. From the perusal of the F.I.R., it appears that an attempt was being made by unknown accused persons to take away the Bolero Vehicle belonging to the informant. This was spotted by the wife of the informant who raised hullah on which many persons arrived.

Patna High Court CR. MISC. No.50725 of 2019(4) dt.27-11-2019 2/3 It has further been alleged in the F.I.R. that on earlier occasion also, the petitioner had stolen a vehicle from in front of the Veranda of the informant, for which a case had earlier been lodged. With respect to the other unknown accused persons, it has been stated that enquiry was being made by the informant.

Learned counsel for the petitioner has submitted that only because the petitioner has bad antecedents and he is an accused in 9 cases of similar nature, he has been named in the F.I.R. However, the accusation in the subject F.I.R. does not inspire confidence in as much as when the wife admittedly saw the attempt of stealing the vehicle, there was no justification of allowing the accused persons to get away from the place of occurrence. The allegation of firing by the accused persons also appears to have been added for the purposes of adding seriousness to the offence. Apart from this, the identification of the petitioner by the informant in the light of the vehicle

Patna High Court CR. MISC. No.50725 of 2019(4) dt.27-11-2019 3/3 which was brought by the accused persons also appears to be doubtful.

Considering this aspect of the matter and taking into account that in all other cases in which the petitioner has been made accused, he is on bail, this Court is inclined to grant bail to the petitioner in this case.

The petition is allowed.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Jhanjharpur, District - Madhubani in connection with Phulparas P. S. Case No. 35 of 2019 dated 05.02.2019, corresponding to G.R. No. 193 of 2019.

(Ashutosh Kumar, J) skm/- U