Prabhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80455 of 2019 Arising Out of PS. Case No.-26 Year-2014 Thana- PASRAHA District- Khagaria ====================================================== PRABHASH YADAV Son of Subodh Yadav Resident of Village - Navtolia (Bhimri, Birbas), Ward No. 4, P.S.- Pasraha, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Section 396/411 of the Indian Penal Code, in which, later on, Section 27 of the Arms Act was also added.

Prosecution case in short is that near Bagulwa Dhala, tyre deflated, vehicle was stopped and robbery was committed by unknown persons in a bus. It is also alleged that in course of occurrence one passenger was shot dead.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-08-2019. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner.. Charge sheet has already been submitted. The petitioner is not named in the FIR.

Patna High Court CR. MISC. No.80455 of 2019(3) dt.19-03-2020 2/2 His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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, Khagaria in connection with Pasraha P.S. Case No. 26 of 2014.

(Sudhir Singh, J) A.K.V.//- U T