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Patna High CourtCR. MISC./59042/2019bail granted

Babloo Yadav v. The State Of Bihar

2020-06-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59042 of 2019 Arising Out of PS. Case No.-15 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== BABLOO YADAV, aged about 24 years, M, S/o Raj Kishore Yadav, R/o village- Godhaila, P.S. and District- Madhepura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dinesh Prasad Verma, Advocate.

For the Opposite Party :

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences under Section 392 of the IPC.

The prosecution case, in short, is that on 06.01.2017 at about 9.35 P.M. while the informant was returning to Madhepura from Banmankhi from his Motorcycle, four miscreants overtook on his way and looted his Motorcycle and other articles.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.05.2019. The petitioner has falsely been implicated in the present case. Charge sheet has

Patna High Court CR. MISC. No.59042 of 2019(5) dt.03-06-2020 2/2 been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of coaccused, namely, Amardeep Kumar. The petitioner has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned C.J.M., Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 15 of 2017.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T