Surendra Kumar Yadav @ Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55642 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -RUDRAPUR DistrictMADHUBANI ===================================== Surendra Kumar Yadav @ Surendra Yadav, Son of Katim Lal Yadav, R/o Village- Bhagwatipur, P.S.- Rudrapur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Yogendra Kr. Singh (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This is a case registered for the offence punishable under Section 414 read with Section 34 of the Indian Penal Code.

Two persons are said to have been arrested on the basis of secret information and the allegation is that they have confessed that the motorcycle, which was in their possession, was purchased from the petitioner, two

Patna High Court Cr.Misc. No.55642 of 2017 (2) dt.12-12-2017 2/3 years back. On the basis of the said statement, the petitioner has been made an accused in the instant case and his forcible confession has been taken by the police. The prayer for bail of other two persons, from whom the motorcycle has been recovered, are said to have been allowed bail by the court below itself.

Learned Counsel for the petitioner submits that the petitioner has no connection with the recovered motorcycle and that he is a man of clean antecedent and that he is in custody, in connection with the instant case, since 03.09.2017.

Considering the aforesaid submissions, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Rudrapur P.S. Case No. 67 of 2017, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in

Patna High Court Cr.Misc. No.55642 of 2017 (2) dt.12-12-2017 3/3 the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Madhuresh Prasad, J) Praveen-II/- U T