Dinesh Yadav @ Raj Ravi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79497 of 2023 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== Dinesh Yadav @ Raj Ravi Son Of Suryadeo Yadav Resident Of Village - Chhapradhi, P.S. - Khajauli, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv.
Mr. Vinod Kumar, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State as also perused the case diary.
2. The petitioner seeks bail in connection with Town P.S. Case No. 320 of 2020 instituted for the offences under Sections 395, 397 of the Indian Penal Code . Later on, Section 412 of the I.P.C. and Section 27 of the Arms Act were added.
3. The Informant alleged that in the morning of 09.12.2020 at about 10.00 AM., as he opened his jewellery shop, namely, Alankar Jewellers, five miscreants having pistol in their hands, entered into the shop and on the gun
Patna High Court CR. MISC. No.79497 of 2023(3) dt.05-03-2024 2/3 point, looted Rs. 2,19,000/- cash along with gold jewellery worth Rs. 5,35,15,040/- as well as diamond jewelry worth Rs. 10,22,288/- and fled away on two motorcycle towards north.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has no concern with the alleged occurrence. He has further stated that the petitioner has been remanded in this case from Jaynagar P.S. Case No. 234 of 2022. The petitioner is not named in the F.I.R. and his name has surfaced in this case during investigation on the basis of the confessional statement of the co-accused Kanahaiya Kumar Sah. Nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. No. T.I.P. has been conducted in this case. The petitioner has four criminal antecedents and in all of them, he is on bail. The petitioner is languishing in judicial custody since 04.08.2023 and charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.79497 of 2023(3) dt.05-03-2024 3/3
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Town P.S. Case No. 320 of 2020 .
(Rudra Prakash Mishra, J) rishi/- U T