Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80607 of 2019 Arising Out of PS. Case No.-534 Year-2019 Thana- BANKA District- Banka ====================================================== 1.

Jitendra Yadav, aged about 20 years, Sex-Male, Son of Late Rampati Yadav, Resident of Village- Chhatrapal, Police Station- Banka, District-Banka. 2.

Sunil Kumar Yadav @ Sunil Yadav, aged about 21 years, Sex-Male, Son of Late Jagarnath Yadav, Resident of Village- Chhatrapal, Police StationBanka, District- Banka. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Om Prakash Singh, Advocate.

For the Opposite Party :

Mr. C. Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 30.01.2019 at about 10.00 A.M., the informant alongwith others reserved an Auto rickshaw to go to Aliganj for withdrawing money from HDFC Bank. It is further stated that all the six ladies including the informant withdrew Rs.30,000/- each from the aforesaid Bank and they were returning back and in that process when

Patna High Court CR. MISC. No.80607 of 2019(3) dt.19-03-2020 2/3 they reached near Koiya Chapar then four persons on two Motorcycles stopped them and forcibly snatched all the money from them alongwith other belongings. One accused Jitendra Yadav (petitioner no. 1) was well known to the informant. It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 01.08.2019. The petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner no. 1 is said to have been apprehended on spot and petitioner no. 2 is not named in the F.I.R.

No looted articles are said to have been recovered from their possession. This falsifies the allegation made in the F.I.R. Due to village politics the petitioners have been made accused in the present case. The petitioners have not been put on T.I. Parade. On behalf of the State, it is submitted that the petitioner no. 2 is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.80607 of 2019(3) dt.19-03-2020 3/3 A.C.J.M., Banka, in connection with Banka P.S. Case No. 534 of 2019.

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