Rajesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.50814 of 2015 (4) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50814 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Rajesh Yadav S/o Late Chetu Yadav, Resident of village- Tetariya, P.S.- Laxamipur, District- Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhimanyu Sharma, Advocate. For the Opposite Party : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Jhajha P.S. Case No.85/2015 registered under Section 395 of the Indian Penal Code.

The accusation is that on 19.05.2015 in the evening at about 7.00 P.M., the informant and his nephew Nundeo Yadav were going to attend the Kali Puja festival by his motorcycle bearing registration no. BR46A-1207 and when they reached at village Kumaini Road, 4-5 persons including a lady came in their front and snatched away the motorcycle as well as the mobile phone of informant on the point of pistol. It is also alleged that the miscreants also looted Rs. 900/- from the informant's friend. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.50814 of 2015 (4) dt.15-02-2016 petitioner is not named in F.I.R. In course of investigation the petitioner and five others are said to be apprehended in course of raid of Bathan of Amit Yadav and all have confessed their guilt about committing the offence of present case as detailed in paragraph-93. While the looted motorcycle was recovered near bushing side the road as detailed in paragraph- 43 of the case diary. Except the confessional statement of co-accused, there is nothing against the petitioner.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No.85/2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J.) Amit/- U T