Patna High CourtCR. MISC./12276/2018bail granted

Babloo Mandal @ Bablu Yadav @ Bablu Chouhan v. The State Of Bihar

2018-04-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12276 of 2018 Arising Out of PS.Case No. -460 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Babloo Mandal @ Bablu Yadav @ Bablu Chouhan S/o Sitaram Mandal, R/o Village- Bachani, P.S.- Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Rajoun P.S. Case No. 460/2017 registered under Section 394 of the Indian Penal Code. As per the prosecution case, some unknown miscreants are said to have looted cash from the cabin of the truck by making the driver of the truck injured by resorting firing. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. There is nothing on record indicating the complicity of the petitioner in the occurrence barring his confessional statement recorded before the police

Patna High Court Cr.Misc. No.12276 of 2018 (03) dt.11-04-2018 2/ 2 which has no evidentiary in the eye of law. He has no criminal antecedent. The petitioner has been languishing in custody since 19.10.2017. Similarly situated co-accused, namely, Rajesh Yadav @ Hiralal Yadav @ Pintu Yadav @ Rajesh has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.63458 of 2017 vide order dated 10.01.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No.460 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T