Robin Yadav @ Prince Robin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61841 of 2024 Arising Out of PS. Case No.-20 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Robin Yadav @ Prince Robin Son of Shyamanand Yadav @ Shyama Nand Kumar R/o Village- Belsara, P.S.- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Priyadarshi, Adv.
Mr. Dheeraj Kumar, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-09-2024 Heard the parties.
2. The petitioner seeks bail in connection with Raniganj P.S. Case No. 20 of 2022 registered for the offence under Sections 392 of the I.P.C. and 27 of Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 19.04.2022.
4. The allegation against the petitioner is to commit robbery along with other co-accused persons and while committing so taken away cash of Rs. 3,94,000/- and one mobile belongs to the informant.
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5. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner appears in present case out of some inculpatory statement as made in connection with Ranjiganj P.S. Case No. 25 of 2022, where in furtherance of which no incriminating material recovered/surfaced during the course of investigation as to connect the petitioner prima-facie with present occurrence of robbery. It is further submitted that petitioner was not put on TIP. It is also submitted that one of the co-accused Gabbar Yadav @ Bambam Kumar having similar allegation was granted bail by one of the co-ordinate Bench of this Court in Cr. Misc No. 38366 of 2022 vide order dated 23.09.2022. While concluding the argument, it is submitted that investigation of this case is completed and as such there is no chance of tampering with the evidence. It is pointed that petitioner found involved in 12 more criminal cases, where he is on bail in maximum of cases, where his name surfaced on the basis of confessional
3/4 statement, as of the present case having no evidentiary value under the law.
6. Learned APP opposes the prayer of bail.
7. In view of the aforesaid fact and submissions and by taking note of fact as the name of petitioner appears in present case prima-facie out of suspicion arising from his self inculpatory statement where nothing incriminating appears/surfaced as to connect him primafacie with present occurrence coupled with fact that investigation has already completed where petitioner is in custody since 19.04.2022 ,accordingly above named petitioner, is directed to be released on bail in connection with Raniganj P.S. Case No. 20 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. subject to further conditions:-
4/4 "(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents."
(Chandra Shekhar Jha, J) Sudha/- U T