Veeru Yadav @ Birua Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69267 of 2021 Arising Out of PS. Case No.-137 Year-2018 Thana- DIDARGANJ District- Patna ====================================================== Veeru Yadav @ Birua Yadav Son of Late Premdhar Rai @ Prendhar Rai Resident of Village - Raibagh, P.S.- Didarganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar, Advocate For the Opposite Party/s :

Mr. 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 Didarganj P.S. Case No. 137 of 2018 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 10.09.2021.

The allegation against the petitioner is to commit robbery, and while committing so, taken away Rs.700/- (Rupees Seven Hundred) alongwith two mobile phones, belong to the informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.69267 of 2021(3) dt.15-10-2022 2/3 submitted that name of the petitioner surfaced during the course of investigation on the basis of confessional statement of coaccused, namely, Subham @ Chadda. It is further submitted that petitioner was not put on T.I.P. as yet. It is also pointed out that petitioner is involved in three more criminal cases, where he is on bail and in maximum of the cases, his name surfaced on the basis of confessional statement, as of the present case. While concluding the argument, it is submitted that 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 set of occurrence, where petitioner is in custody since 10.09.2021 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 Didarganj P.S. Case No. 137 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.69267 of 2021(3) dt.15-10-2022 3/3 Chief Judicial Magistrate-IV, Patna City, DistrictPatna/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