Mukti Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5229 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -JADIA District- SUPAUL ======================================================

1. Mukti Yadav Son of Late Parmeshwari Yadav

2. Pappu Yadav @ Pappu Kumar Yadav Son of Dinesh Yadav

3. Rityanand Yadav Son of Sitaram Yadav all are residents of Village - Kupariya, Police Station - Tribeniganj, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends their in connection with Jadia P.S.Case No. 44/2015 registered for offences punishable under Sections 392 of the I.P.C.

The prosecution case is on the basis of fardbeyan of the informant namely, Binod Yadav, alleging therein that in the night of 18.04.2015 some unknown culprits have committed robberty of various articles loaded on his truck near Bagheli Canal on the point of fire arm after confining him and Khalashi in cabin. He further stated that when the culprits fled away the informant with the help of the villagers gave information to the owner of the goods and the local police station.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.5229 of 2016 (2) dt.29-02-2016 2/2 petitioners that they are not named in the F.I.R. and have no criminal antecedent.It has been submitted that on the confessional statement of co-accused Guddu Yadav and Prince Yadav that the name of the petitioner have surfaced, who have been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 36502/2015 dated 05.10.2015.

However, learned A.P.P. for the State submits that although, the name of the petitioner are not named in the F.I.R. but they have been named by the co-accused , who have been alleged to commit the said offence.

Since confessional statement of c-accused have no evidentiary value in the eye of law, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Supaul in connection with Jadia P.S.Case No. 44/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

(Nilu Agrawal, J) Sudha/- U T