Bijay Yadav @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11630 of 2020 Arising Out of PS. Case No.-231 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Bijay Yadav @ Vijay Yadav Son of Late Ram Naresh Yadav Resident of Village - Parsawa Tola, Rampur, P.S.- Konch, Dist.- Gaya. 2.

Kamendra Yadav Son of Late Mahavir Yadav Resident of Village - Bairbana, P.S.- Sehartelpa, Dist.- Arwal.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 414/34 of the Indian Penal Code.

Allegedly, Messey Fergusan Tractor of the informant was stolen away.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 24-09-2019. Charge sheet has already been submitted. It is said that stolen tractor was recovered from three accused persons including the

Patna High Court CR. MISC. No.11630 of 2020(2) dt.28-02-2020 2/2 petitioners. The petitioners had no knowledge that the tractor in question is a stolen property. The petitioners have been made accused in the present case due to mistake of fact. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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 learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 231 of 2019.

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