Sachin Kumar @ Sakchan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24193 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== 1.

SACHIN KUMAR @ SAKCHAN YADAV S/o- Naresh Yadav Resident of Village- Balatol Ward No. - 10, P.S.- Purani, District- Madhepura. 2.

Santosh Kumar @ Santosh Yadav S/o- Naresh Yadav Resident of VillageBalatol Ward No. - 10, P.S.- Purani, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar- Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Gwalpara P. S. Case No.98 of 2020, instituted for the offences under Sections 379 of the Indian Penal Code.

From bare perusal of the F.I.R., it would manifest that motorcycle of informant was taken away by two unknown miscreants when informant had gone to attend the call of nature, leaving the bike on road on 25.07.2020.

Learned counsel for the petitioners submits that the petitioners are innocent and are falsely implicated in this case. They are in custody since 10.09.2020 and Charge-sheet has been

Patna High Court CR. MISC. No.24193 of 2021(2) dt.17-11-2021 2/2 submitted against them. There is one case against them which has inadvertently not been mentioned at Para-3 of the petition. There is a delay of two days in lodging of the F.I.R. and no explanation has been given. Nothing has been recovered from their possession and their name transpired on the confessional statement of co-accused.

Learned A.P.P. vehemently opposes the prayer. Considering the facts afore-stated, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Udakishunganj, Madhepura in connection with Gwalpara P. S. Case No.98 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T