Rajan Yadav @ Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5256 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rajan Yadav @ Raj Kumar Yadav, aged about 41 years, Male, Son of Late Jagarnath Yadav, Resident of Village-Balua Tola, Bakhari, P.S.-Kuchaikot, District-Gopalganj (address was corrected by order dated 25.11.2023). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Dumariyaghat P.S Case No. 182 of 2023 registered for the offences punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, four miscreants at the point of pistol entered into the ICICI Bank and looted cash Rs. 18,71,440/- from cash counter and vault. Besides it they looted some cash of customers, mobile of the employees and to create terror they fired in the air and fled away by motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.5256 of 2024(3) dt.21-03-2024 2/2 possession of the petitioner. It is next submitted that petitioner has not named in the FIR his name surfaced on the basis of the confessional statement of the co-accused. It is also submitted that petitioner is in judicial custody since 14.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class East Champaran at Motihari in connection with Dumariyaghat P.S Case No. 182 of 2023.

7. The trial court is directed to conclude the proceeding of commitment within a period of one month. (Ramesh Chand Malviya, J) Anand Kr.

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