Dablu Yadav @ Anuj Kumar @ Dablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68202 of 2021 Arising Out of PS. Case No.-345 Year-2016 Thana- GHOSI District- Jehanabad ====================================================== Dablu Yadav @ Anuj Kumar @ Dablu, Son of Chhote Lal Yadav, R/o VillageMakanpur, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Ghoshi P.S. Case No. 345 of 2016 registered for the alleged offences under Section 395 of the Indian Penal Code.
The prosecution case is that the informant and some other persons were looted by number of dacoits. They looted Rs. 15,000/- and a mobile phone from the informant and also looted a mobile phone from his cleaner. They also looted some other vehicles. The name of the petitioner surfaced as one of the
Patna High Court CR. MISC. No.68202 of 2021(3) dt.12-07-2022 2/3 dacoits during investigation.
The learned counsel for the petitioner submits that the name of the petitioner came up in this case on the confessional statement of co-accused Rakesh Paswan @ Langtau Paswan, who is co-villager of the petitioner and is on inimical terms with this petitioner and he has been granted bail by a Coordinate Bench of this Court vide order dated 10.03.2017 passed in Cr. Misc. No.8527 of 2017. The other co-accused persons have also been granted bail in Cr. Misc. Nos. 4109/2017, 80469/2018 and 1163/2019. Learned counsel further submits that no recovery has been made from this petitioner and he has been made an accused only on the basis of suspicion. The petitioner has not been put to Test Identification Parade. The petitioner is in custody since 21.06.2021.
Learned APP opposes the prayer for bail submitting that the petitioner is a member of gang of dacoits and is having criminal antecedents.
Perused the records.
Having regard to the submissions made hereinabove and considering the fact that no recovery has been made from this petitioner, who has not been put to Test Identification Parade and that other co-accused persons have been granted bail
Patna High Court CR. MISC. No.68202 of 2021(3) dt.12-07-2022 3/3 and further considering the period of his custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 345 of 2016, subject to the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T