IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52986 of 2021

Arising Out of PS. Case No.-102 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur

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1.

Rishi Yadav Son of Shri Brahmdeo Yadav Resident Of Sarmaopur, Kohra,

P.S. Lodipur, District- Bhagalpur

2.

Budhan Yadav @ Budho Yadav Son of Shri Munilal Yadav Resident Of

Sarmaspur, Korha, P.S.- Lodipur, District- Bhagalpur

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Ms. Geeta Kumari Jha, Advocate

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

14-02-2022

Heard learned counsel for the petitioners and Shri

Anil Prasad Singh, learned A.P.P. for the State through virtual

court proceedings.

The petitioners seek bail in connection with

Mojahidpur Babarganj P.S. Case No. 102 of 2021 instituted for

the offences under Sections 394 and 307 of the Indian Penal

Code read with Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the

petitioners are in custody since 07.06.2021, petitioner no. 1 is a

person with clean antecedent, petitioner no. 2 has one

antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.52986 of 2021(2) dt.14-02-2022

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informant alleges that on 23.04.2021 at 9:30 pm while the

informant and medical shop owner, Ranjit were about to close

the shop then 3-4 unknown criminals, on the pretext of buying

medicine, forcefully entered the shop variously armed and asked

Ranjit to hand over the cash and when he objected, one of the

accused fired injuring him and looted the cash and fled on

motorcycle.

Learned counsel for the petitioners submits that the

F.I.R. was against unknown, the name of the petitioners

transpired based on secret information and further that after

arrest, they even confessed their crime. Learned counsel submits

that confession before police does not have any evidentiary

value in the eyes of law. It is submitted that the petitioners have

not been put on T.I.P. nor any incriminating articles relating to

loot were recovered from their possession rather only allegation

is of recovery of arms and one cartridge.

Learned A.P.P. for the State vehemently opposes the

prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody

since 07.06.2021, charge-sheet has been submitted in the case,

petitioners were not put on T.I.P. nor any incriminating articles

relating to loot were recovered from their possession and their

Patna High Court CR. MISC. No.52986 of 2021(2) dt.14-02-2022

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name transpired on secret information based on which they

confessed their crime in police custody which does not have any

evidentiary value in absence of any recovery, let the petitioners

above named be released on bail on furnishing bail bond of Rs.

20,000/- (Rupees Twenty Thousand) each with two sureties of

the like amount each to the satisfaction of learned Chief Judicial

Magistrate, Bhagalpur in connection with Mojahidpur

Babarganj P.S. Case No. 102 of 2021 with a condition that one

of the bailor of both the petitioners shall be the father of

petitioner no.1, Shri Brahmdeo Yadav.

Rishi/-

(Satyavrat Verma, J)

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