Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68972 of 2022 Arising Out of PS. Case No.-258 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== KUNDAN YADAV S/O Rajkaran Ray R/O Village- Basbaria, P.S- Mehsaul O.P, Disrict- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 394, 302 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, two unknown miscreants riding on a motorcycle intercepted the informant and snatched h is bag containing Rs. Five lakh and upon protest made by the brother of the informant, one of the miscreants, who was driving the motorcycle, fired upon him as a result of which he died and thereafter, miscreants took the bag containing money and fled away.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is innocent. No looted article has been recovered from possession

Patna High Court CR. MISC. No.68972 of 2022(2) dt.27-02-2023 2/2 of the petitioner. On the basis of confessional statement of coaccused Pinku Kumar before the police, petitioner has been arrested. Save and except confessional statement, no other evidence is against the petitioner to show his involvement in the present case. As per allegation only two miscreants have committed loot but in FIR seven persons are named. Similarly situated four other co-accused persons have been enlarged on bail by different co-ordinate Benches of this Court. Petitioner is languishing in judicial custody since 28.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Riga P.S. Case No. 258 of 2020. (Sunil Kumar Panwar, J) subham/- U