Shivan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42774 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Shivan Yadav, Son of Late Hajari Yadav,

2. Bholu Yadav @ Bhola Yadav @ Akash Yadav, Son of Shivan Yadav,

3. Chhotu Yadav, Son of Shivan Yadav, All resident of Village- Mirzapur, P.S.- Kasim Bazar, District- Munger.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Surendra Kishore Thakur, Advocate. For the Opposite Party : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 20.07.2017, 20.06.2017 and 20.06.2017 respectively in a case for the offence registered under Sections 457 and 380 of the IPC. Subsequently, Section 411 of the IPC was also added. The prosecution story, in brief, is that some miscreants stolen away the articles from the house of the informant.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. The charge sheet has been submitted in the present

Patna High Court Cr.Misc. No.42774 of 2017 (2) dt.20-09-2017 2/2 case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been named in the F.I.R. merely on the basis of the suspicion. Except suspicion, there is no other substantive evidence to suggest their implication in the present case. There is no recovery of any incriminating article from possession of the petitioners.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Munger, in connection with Kasim Bazar P.S. Case No. 135 of 2017 U.K./- (Sudhir Singh, J) U