Bikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66482 of 2021 Arising Out of PS. Case No.-662 Year-2020 Thana- AMARPUR District- Banka ====================================================== BIKASH YADAV Son of Late Naresh Yadav Resident of village - Nimatar, P.S.- Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard.

The petitioner seeks regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 662 of 2020, registered for the offence punishable under sections 392 of the Indian Penal Code . The allegation is regarding unknown miscreants having intercepted the informant where-after they had snatched the motorcycle from the informant on gun point and had fled away. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further

Patna High Court CR. MISC. No.66482 of 2021(2) dt.13-01-2022 2/3 submitted that only after the petitioner was arrested in one other case, he has been falsely implicated and remanded in the present case. It is also submitted that neither any Test identification parade has been held in the present case so as to connect the petitioner with the alleged crime nor the stolen motorcycle has been recovered from the conscious possession of the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has been held so as to show the complicity of the petitioner in the present case nor the stolen motorcycle has been recovered from the conscious possession of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.66482 of 2021(2) dt.13-01-2022 3/3 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/ Successor Court, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 662 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T