Anup Kumar Yadav @ Anup Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25391 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- PHULWARIA District- Begusarai ====================================================== 1.

ANUP KUMAR YADAV @ ANUP YADAV, Son of Late Heera Yadav 2.

BITTU KUMAR YADAV, Son of Late Nandu Yadav Both are Resident of village - Naya Tola, Zorabganj, P.S. - Kodha, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Vikram Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-09-2021 Heard the parties in virtual Court.

Let the defect(s), if any, be removed within four weeks after start of the physical Court.

Petitioners seek bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown.

Submission is that the petitioners were never put on T.I. Parade during investigation of the case nor any incriminating article was recovered from possession of the petitioners. Only material is confessional statement of coaccused while in police custody which cannot be proved in view of the bar under Sections 25 and 26 of the Evidence Act.

Patna High Court CR. MISC. No.25391 of 2021(2) dt.20-09-2021 2/2 Considering the submission aforesaid, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Phulwaria Police Station Case No. 114 of 2020, subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the court.

(Birendra Kumar, J) Kundan/- U T