Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14922 of 2023 Arising Out of PS. Case No.-1119 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

GANESH YADAV S/O SRI TEZA YADAV R/V- NAYA TOLA JURABGANJ, P.S.- KORHA, DISTRICT- KATIHAR 2.

RAMESH KUMAR S/O SRI CHANDRIKA YADAV R/V- NAYA TOLA JURABGANJ, P.S.- KORHA, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, two unknown miscreants came from a bike, snatched a golden chain along with locket worth of Rs. 1.5 lacs from the informant, when she was returning to her government quarter along with her husband. Thereafter, miscreants fled away.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.14922 of 2023(2) dt.28-04-2023 2/3 that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are neither named in the FIR nor apprehended on spot. He submitted that a purchase slip has been filed on behalf of the petitioners, which is annexed as annexure-2 and stated that, the articles, which were recovered from the possession of the petitioners were the old articles belongs to the petitioners and the same was purchased as back as in the year 2015, 2017 and 2018, either by petitioner no.1 namely, Ganesh Yadav or by the father of petitioner no. 2 namely, Chandrika Yadav. No T.I. Parade has been done. The alleged seized stolen chain was not identified properly according to law. They are languishing in judicial custody since 28.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Khajanchi

Patna High Court CR. MISC. No.14922 of 2023(2) dt.28-04-2023 3/3 Hat P.S. Case No. 1119 of 2022.

(Sunil Kumar Panwar, J) arish/- U T