Vindhayachal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69384 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== Vindhayachal Yadav Son of Shiv Prasad Yadav @ Chhipa Yadav R/o Village - Bela, P.S. - Ara Muffasil, District - Bhojpur (Ara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 118 of 2021 registered for the offence under Section 394 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 11.05.2021.

The allegation against the petitioner is to commit robbery, alongwith other co-accused persons, and while committing so, taken away cash of Rs.3,06,000/- (Rupees Three Lakh Six Thousand) alongwith one gold ring belongs to the informant.

Patna High Court CR. MISC. No.69384 of 2021(3) dt.15-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted petitioner is not named in the F.I.R., and his name surfaced during the course of investigation, on the basis of confessional statement of co-accused, namely, Rohit Kumar Yadav, and in furtherance thereof, nothing incriminating surfaced/recovered to connect this petitioner with the present occurrence of robbery. It is further pointed out that petitioner has not been put on T.I.P. as yet. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the F.I.R.

In view of the facts and circumstances, as mentioned above, as nothing incriminating recovered/surfaced to connect this petitioner with the present occurrence of robbery in furtherance of confessional statement of co-accused, where petitioner is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.69384 of 2021(3) dt.15-10-2022 3/3 Barhara (Krishnagarh O.P.) P.S. Case No. 118 of 2021 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, Bhojpur at Ara/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T