Sahukar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62579 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Sahukar Yadav, aged about 32 years (Male), Son of Late Ramseth Yadav @ Ramset Yadav, Resident of Village- Rampur Rahua, Ward No. 16, P.S.- Sour Bazar, Distt.- Saharsa.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Singh, Advocate For the Opposite Party :
Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Supplementary Beldaur P.S. Case No. 47 of 2024 dated 20.02.2024 registered for the offence punishable under Section 392 of the I.P.C.
3. As per the prosecution case, on 20.02.2024 at about 2.00 P.M., the informant went to his home by his motorcycle after withdrawing Rs. 4,50,000/- through the Cheque from the Union Bank, Mali Branch. It is further alleged that the informant after taking meal at his home, while he was going with the aforesaid amount alongwith two registers, cheque book and other documents kept in a bag with respect to transaction, to
Patna High Court CR. MISC. No.62579 of 2024(2) dt.19-09-2024 2/3 the C.S.P. Centre of his sister-in-law (Bhabhi) Laxmi Kumari by his motorcycle and his brother was going to his shop at Kashnagar Bazar in the district of Saharsa and as soon he proceeded ahead Pipal tree of the Mali Phulwariya Path, Pir Baba Asthan, three unknown miscreants boarded on a motorcycle stopped his motorcycle on the gun point and snatched the said bag containing Rs. 4,50,000/-, registers, cheque book and other documents. When he protested, they threatened him on the point of the country made katta on his temple near the forehead that if he raised any hulla he would be killed. They also snatched the key of his motorcycle, mobile of Tecno Company and thereafter they fled away from there towards Kashnagar. When he raised hulla, the nearby villagers assembled there.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case on the basis of the confessional statement of the co-accused Nitish Kumar which has got no evidentiary value in the eye of law. No incriminating article has been recovered from the conscious possession of the petitioner. The recovered motorcycle in question does not
Patna High Court CR. MISC. No.62579 of 2024(2) dt.19-09-2024 3/3 belong to the petitioner. The petitioner has not been put on T.I. Parade to ascertain the real culprit of the alleged offence. It is submitted that the other co-accused persons, namely, Mukesh Kumar and Bablesh Kumar have already been granted bail by a Bench of this Court vide Cr. Misc. No. 51324 of 2024 under order dated 12.08.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 17.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Khagaria in connection with Supplementary Beldaur P.S. Case No. 47 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T