Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53755 of 2019 Arising Out of PS. Case No.-234 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Babloo Yadav S/o Shri Mukhram Singh R/o village- Kishundev Patti, P.S.- Sonhan, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

Prosecution case in short is that while the informant was going to his house from Bhabua on his motorcycle, in the way, unknown miscreants armed with Lathi Danda stopped him and snatched away his golden chain, cash, mobile phone and his motorcycle was also snatched away.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-06-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of

Patna High Court CR. MISC. No.53755 of 2019(2) dt.27-08-2019 2/2 confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/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 learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 234 of 2019.

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