Jitu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12726 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- LADANIA District- Madhubani ====================================================== JITU YADAV Son of Ram Kisun Yadav @ Ram Krishna Yadav Resident of Village- Yogiya Puwari Tol, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2019 Heard both sides.

The petitioner apprehends his arrest in Ladaniya P.S. case No. 113 of 2018 registered under Section 341, 323, 353, 413, 414/34 of the Indian Penal Code.

The S.H.O. Ladaniya, on secret information, raided the house of Hiralal Sah, Sonelal Sah and Moti Sah and recovered two stolen motor cycles. Hiralal Sah was apprehended on chase. Hiralal Sah disclosed that Mahesh Yadav and Rajdeo Thakur were dealing in stolen motor cycles. Thereafter, house of Mahesh Yadav was searched and one stolen motor cycle was recovered. Mahesh Yadav disclosed that Jitu Yadav, the petitioner, left the motor cycle at his house. The learned counsel for the petitioner submits that no search and seizure was made from the house of petitioner. Save

Patna High Court CR. MISC. No.12726 of 2019(2) dt.01-03-2019 2/2 and except confessional statement of Mahesh Yadav there is no material to show the involvement of the petitioner in the theft of motor cycle. The petitioner has got no criminal antecedent. Taking into consideration the fact that name of petitioner transpired in the confessional statement of co-accused but no stolen motor cycle was recovered from the possession of petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Madhubani in connection with Ladaniya P.S. case No. 113 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T