Rohit Kumar @ Bangali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71503 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== ROHIT KUMAR @ BANGALI YADAV Son of Madhesh Singh Resident of Village- Garaha, Police Station- Udawantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Udawantnagar P.S. Case No. 29 of 2020 registered under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 05.07.2021, charge-sheet has been submitted in the case, has antecedent of eight cases and the informant alleges that on 22.01.2020 he was intercepted by two unknown armed criminals at 04:00 PM and at the point of gun took away his bag carrying his valuables including policy papers, mobile, A.T.M. etc. and also snatched his motorcycle. Learned counsel submits that the petitioner is innocent and has been falsely implicated in the present case based on his antecedent inspite being in custody he was not put

Patna High Court CR. MISC. No.71503 of 2021(2) dt.10-05-2022 2/2 on Test Identification Parade (TIP). It is further submitted that the petitioner was arrested in a different case where he was made to confess his participation in the present case and coaccused Guddu Kumar has been granted bail by order dated 30.07.2021 in Criminal Misc. No. 23070 of 2021 who also had about nine antecedent.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.07.2021, charge-sheet has been submitted in the case, co-accused has been granted bail and petitioner was not put on Test Identification Parade, nor any incriminating article was recovered from his possession, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Udawantnagar P.S. Case No. 29 of 2020 with a condition that one of the bailors shall be the father of the petitioner Madhesh Singh.

(Satyavrat Verma, J) ved/- U T