Suresh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23175 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- LADANIA District- Madhubani ====================================================== 1.

SURESH KUMAR YADAV Son of Jaselal Yadav Resident of VillageChaupair, P.S.- Ladaniya, District- Madhubani. 2.

Ranjeet Mandal Son of Srilal Mandal Resident of Village- Gadha, P.S.- Ladaniya, District- Madhubani.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code. Some unknown miscreants are said to have stolen the splendor motorcycle of the informant in the night while it was parked at his door.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.23175 of 2021(2) dt.15-09-2021 2/2 They are quite innocent and have been falsely implicated in this case. They are neither named in the F.I.R. nor were apprehended on the spot. No incriminating article has been recovered from their conscious physical possession. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. No T.I. parade was conducted. There is nothing in the record indicating the complicity of the petitioners in the occurrence barring the confessional statement of petitioner no.1, which has no evidentiary value in the eye of law. The petitioners have been languishing in custody since 20.10.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ladaniya P.S. Case No.195 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T