Patna High CourtCR. MISC./44506/2017bail granted

Dharam Yadav And ANR v. The State Of Bihar

2017-09-20Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44506 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================

1. Dharam Yadav, son of Ram Lal Yadav

2. Nihal Kumar Yadav, son of Mahesh Yadav Both are Resident of Village- Naya Tola, Jurabganj, P.S.- Kordha, DistrictKatihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Prasad Singh,Advocate For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners are seeking regular bail in Bahera P.S. Case No. 192/2016 registered under Sections 379, 411, 414 and 401 of the Indian Penal Code.

Learned counsel for the petitioners submits that allegations against these petitioners are that they opened the dickey of the motorcycle of the informant and took away a bag containing Rs. 3,000/-. They were apprehended while committing the alleged offence. Submission is that the petitioners are hawkers and sell readymade clothes and, in course of selling, there was some hot exchange which led to false implication of the petitioners.

Patna High Court Cr.Misc. No.44506 of 2017 (2) dt.20-09-2017 2/2 Learned A.P.P. representing the State opposed the prayer for regular bail and submitted that the petitioners have two cases on their head. Learned counsel for the petitioners produced the status report of Cr. Misc. No. 45251/2017 and Cr. Misc. No. 45634/2017 to show that in both those cases the petitioners have been enlarged on bail by a co-ordinate bench of this Court. Considering the facts and circumstances of the case, let the petitioners, namely, Dharam Yadav and Nihal Kumar Yadav, be released on bail on their furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipatti, District Darbhanga in Bahera P.S. Case No. 192/2016, subject to the conditions as laid down under Section 437(3) Cr.P.C. and that one of the bailors shall be a family member of the petitioners. (Rajeev Ranjan Prasad, J) Dilip, AR U T