Ravi Charan Yadav @ Ravi Charan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69540 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- BASANHI District- Saharsa ====================================================== RAVI CHARAN YADAV @ RAVI CHARAN KUMAR YADAV Son of Sri Abhinandan Yadav Resident of Village- Barsam, P.S.- Basnahi, DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Mr. Amit Kumar Anand, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Basnahi PS Case No. 53/2021 registered for the offence punishable under Section 392 of the IPC.
As per First Information Report, the informant was intercepted by one co-accused, Rupesh Kumar @ Rupesh Yadav along with two unknown accused persons who snatched motorcycle, a sum of Rs. 41,000/-, mobile phone etc., from the informant.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to disclosure of his name by the arrested co-accused person,
Patna High Court CR. MISC. No.69540 of 2021(2) dt.23-05-2022 2/3 Rupesh Yadav. He next submits that the petitioner is not named in the FIR and the looted motorcycle has not been recovered from the possession of the petitioner rather the same has been recovered from one another co-accused person, namely, Sandarshi Kumar @ Sandarshi Yadav @ Banti. He further submits that there is an unexplained delay in lodging of the FIR inasmuch as, as per FIR, the occurrence has taken place on 07.04.2021 and the FIR has been lodged on 09.04.2021. Next submission is that the FIR named accused, Rupesh Kumar @ Rupesh Yadav has been granted bail by this Court vide Cr. Misc. No. 51610/2021.
It is also submitted that the petitioner is in custody since 10.08.2021 and the charge-sheet has been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is not named in the FIR, he has been implicated in this case on the basis of disclosure of his name by co-accused, Rupesh Kumar who has been granted bail by this Court, the petitioner is in custody since 10.08.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.69540 of 2021(2) dt.23-05-2022 3/3 Accordingly, let the petitioner, RAVI CHARAN YADAV @ RAVI CHARAN KUMAR YADAV 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 Additional Chief Judicial Magistrate- 3rd, Saharsa in connection with Basnahi PS Case No. 53/2021. (Anil Kumar Sinha, J) perwez U T