Rajendra Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11932 of 2015 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11932 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Rajendra Yadav Son of Late Naresh Yadav Resident of Village - Kharati, P.S. - Chand, Distt. - Kaimur

2. Mahendra Yadav Son of Indrajeet Yadav Resident of Village - Kharati, P.S. - Chand, Distt. - Kaimur

3. Dharmbeer Yadav Son of Ram Awatar Yadav Resident of Village - Karkatgarh, P.S. - Chainpur, Distt. - Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Dr.Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-03-2015 Heard learned counsel for the petitioners as well as leaned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Durgawati P.S. Case No. 01 of 2015 registered under Sections379/34 of the Indian Penal Code. Nothing has been recovered from possession of the petitioners nor any witness claimed to have seen the petitioners committing the theft of trolley. It is obvious from perusal of the first information report that the name of these petitioners was disclosed by one Swarath Yadav.

The submission on behalf of the petitioners is that

Patna High Court Cr.Misc. No.11932 of 2015 (2) dt.27-03-2015 Swarath Yadav is co-villager of the petitioners and he has some inimical term with the petitioners. It is further contented by him that petitioners do not have any criminal antecedent, which has specifically been averred at paragraph-3 of the petition. Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Durgawati P.S. Case No. 01 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T