Manish Kumar @ Manish Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16868 of 2019 Arising Out of PS. Case No.-447 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== 1.

MANISH KUMAR @ MANISH YADAV Son of Late Bisheswar Yadav 2.

Amresh Kumar Son of Dayanand Yadav Both resident of Village - Salarpur, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate.

For the Opposite Party/s :

Ms.Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Parbatta P.S. Case No. 447 of 2018, instituted for the offence under Section(s) 379 and 411 of the Indian Penal Code.

Counsel for the petitioners submits that there is no recovery of Motorcycle from possession of the petitioner. Petitioner has been implicated in the instant case merely on suspicion.

It is alleged in the written report that informant had gone to Bajrang Bali Asthan after parking his Motorcycle and when he returned he found his Motorcycle missing. During course of search, the informant came to know that petitioners

Patna High Court CR. MISC. No.16868 of 2019(2) dt.27-03-2019 2/2 were seen roaming near the Motorcycle.

Counsel for the petitioners submits that petitioner No. 2 was arrested by the police from his house and implicated in the instant case on the basis of recovery of Master key of the Motorcycle from his possession. Petitioner No. 1 has been arrested on the basis of confession of petitioner No. 2 by using third degree.

Petitioners are in custody since 28.11.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Khagaria, in connection with Parbatta P.S. Case No. 447 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T