Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16997 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

SURESH YADAV S/o Late Ram Tirth Yadav R/o village- Jurabganj, P.S.- Kordha, District- Katihar 2.

Ganit Yadav S/o Late Ram Tirth Yadav R/o village- Jurabganj, P.S.- Kordha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, a some of Rs. 40,000/- was stolen from the possession of the informant. It is submitted by learned counsel for the petitioners that the FIR was registered against unknown. Referring to the order of the learned trial court it is submitted that in course of investigation the petitioners were arrested and the only material that has transpired against them is their alleged confessional statement made before the police and the CDR of their mobile

Patna High Court CR. MISC. No.16997 of 2021(2) dt.26-08-2021 2/2 phones showing to be in same tower location as the place of occurrence. No incriminating article has been recovered from their possession. They are in custody since 24.10.2020 and have no criminal antecedent. Investigation in the case has concluded without putting them on T.I. parade.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners together with the petitioners having remained in custody for over 10 months, the petitioners are directed to be enlarged on bail in connection with Raj Nagar P.S. Case no. 291 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate 1st, Madhubani.

Spd/- (Partha Sarthy, J) U T