Tinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60953 of 2022 Arising Out of PS. Case No.-81 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== Tinku Yadav Son Of Nageshwar Yadav @ Dhako Yadav R/O VillageNawadih, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Sikandra P.S. Case No.81 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation, according to the informant, is that on the alleged date and time of occurrence, two unknown miscreants, on the point of pistol, has snatched a sum of Rs.1 lakh from the informant and then, they had fled away. The learned counsel for the petitioner has submitted that the petitioner is innocent, he

Patna High Court CR. MISC. No.60953 of 2022(2) dt.24-01-2023 2/3 has been falsely implicated in the present case and he is languishing in custody since 26.06.2019. It is further submitted that only because the petitioner is having bad antecedent, he has been roped in the present case, however, neither any test identification parade has been held till date so as to connect the petitioner with the alleged crime nor any looted cash amount has been recovered from the petitioner, hence he is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any test identification parade has been held till date so as to connect the petitioner with the alleged crime nor any looted article has been recovered from the petitioner, I deem it fit

Patna High Court CR. MISC. No.60953 of 2022(2) dt.24-01-2023 3/3 and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Sikandra P.S. Case No.81 of 2019.

(Mohit Kumar Shah, J) kanchan/- U T