Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4658 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== ROHIT YADAV S/o Bhikhari Yadav Resident Of Village- Khorabar, P.S.- Bankata, Distt- Deoria(U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

The allegation against the petitioner along with others co-accused persons is to commit dacoity and while committing so taken away cash of Rs. 2,82,410/- from the Bank. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused namely, Surgiv Kumar Yadav, which has got no evidentiary value in the eyes of law. No

Patna High Court CR. MISC. No.4658 of 2023(2) dt.01-05-2023 2/2 incriminating article has recovered from the possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 11.04.2023 passed in Cr. Misc. No. 6864 of 2023. Petitioner has remanded in this case from another case on 04.07.2022 and since then, he is languishing in judicial custody.

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 C.J.M., Siwan, in connection with Mairwan P.S. Case No. 235 of 2022. (Sunil Kumar Panwar, J) arish/- U T