Rahul Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80688 of 2024 Arising Out of PS. Case No.-20 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Rahul Yadav Son of Sri Kailash Yadav @ Faishon Yadav Resident of Village - Latra, P.S. - Gopalpur, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-03-2025 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Aditya Narayan Singh-1, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.
3. The case of the prosecution is that on 15.11.2021, the informant, a Banking Unit Manager of Bandhan Bank went to Gachi Tola at Abhiya at 13.05 hours on his scooty, he was accompanied by his staff, namely, Pritam Kumar, who was on his motorcycle. As soon as, they reached ahead of Bhawra at about 13:10 hours, they were confronted by three person who were walking near Congress Bhawan, they came and stood right in front of the informant's scooty, stopped and snatched a bag
Patna High Court CR. MISC. No.80688 of 2024(3) dt.17-03-2025 2/3 from the possession of his friend and one form the informant's possession. In the scuffle, the informant's scooty fell down and by this time three more individual came and started assaulting the informant's staff by fists and slaps. From perusal of the FIR itself, it is clear that the FIR was lodged against unknown miscreants. During course of investigation, co-accused persons, namely, Piyush Yadav and Dilkhush Yadav have given their confessional statement. In their confessional statement, they have named this petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It has further been submitted that name of the petitioner has surfaced on the basis of the confessional statement of co-accused persons. Petitioner has not been put on Test Identification Parade (TIP). Further submission is that the petitioner is having criminal antecedent of 11 cases, however, he submits that he is on bail in nine cases out of 11 cases. Moreover, the petitioner is languishing in judicial custody since 15.06.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.80688 of 2024(3) dt.17-03-2025 3/3 of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalpur P.S. Case No. 20 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Naugachia, Bhagalpur.
(Ashok Kumar Pandey, J) Jagdish/- U T