Babloo Kumar Yadav @ Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51285 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== BABLOO KUMAR YADAV @ SHAILENDRA YADAV, aged about 25 years, Gender-Male, S/o Gama Yadav, R/o village- Korari Khurd, P.S.- Daraunda, District- Siwan.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bijay Prakash Singh, Advocate.

For the Opposite Party :

Mr.Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 18.06.2019 in a case for the offence registered under Section 392 of the I.P.C.

The prosecution story, in brief, is that on 14.06.2019 at about 18.05 hours, the informant was returning to home after completing his work by his Motorcycle and as he reached near Kamsara, one Discover Motorcycle riding three persons came inside him and asked the way to Siwan. In course of conversation, he slowed his Motorcycle and miscreants parked their Motorcycle in front of his Motorcycle so he stopped his Motorcycle. Out of three, two persons came to him and pointed knife in his stomach and another pointed pistol in his waist. They took away key of the vehicle and other articles of the

Patna High Court CR. MISC. No.51285 of 2019(2) dt.20-08-2019 2/2 informant. They were aged between 25-30 years. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused Babloo Kumar Yadav @ Shailendra Yadav. There is no recovery from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Siwan, in connection with Daraunda P.S. Case No. 120 of 2019.

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