Chhote Lal Yadav @ Chhotu Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76202 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== CHHOTE LAL YADAV @ CHHOTU LAL YADAV Son of Bihari Yadav @ Bihari Singh Resident of Village-Sohasa (Parsathua), P.S-Kochas, DistrictRohtas at Sasaram At Present Residing at Mohania, Ward No.12 P.S.- Mohania, District-Kaimur at Bhabua.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code and sections 27, 25(1-B)A, 26 and 35 of the Arms Act. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application with the observation 'at this stage'. In pursuance to the said observation, the present application has been filed.

Prosecution allegation, in short, is that five unknown miscreants, on the point of pistol looted away the bag containing Rs. 6 lacs of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.3.2019. Charge-

Patna High Court CR. MISC. No.76202 of 2019(2) dt.20-01-2020 2/2 sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is no chance of trial being concluded in near future. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confess of co-accused. Further from the possession of the petitioner, Rs. 90,000/- has been recovered. The said amount is claimed by the petitioner to be his own money. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 112/2019. (Sudhir Singh, J) Pankaj/- U T