Bipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18632 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

BIPIN KUMAR YADAV S/o Devendra Yadav Resident of Village- Yogiya, P.S.- Ladaniya, Distt- Madhubani.

2.

Murti Lal Yadav S/o Late Sifait Yadav Resident of Village- Yogiya, P.S.- Ladaniya, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-01-2021 Heard Mr. Bimal Kumar, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State. Petitioners seek regular bail in connection with Madhubani (Town) P.S. Case No. 214 of 2019 (CRI No. 1095 of 2019) registered for the offence punishable under Sections 379 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that one Motorcycle of the informant was stolen while it was parked near the TVS Motorcycle Agency.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.18632 of 2020(3) dt.12-01-2021 2/3 the petitioners have falsely been implicated in this case on the basis of their confessional statement and no incriminating material or stolen Motorcycle has been recovered either from possession of the petitioners or the house belonging to them. Learned counsel further submits that the petitioners were arrested in Motihari Town P.S. Case No. 232 of 2019 registered under Section 379 of the Indian Penal Code and, thereafter, the petitioners have been remanded in altogether six cases along with the present case. Learned counsel also submits that the petitioners are in custody since 13.12.2019.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioners have remained in custody since 13.12.2019 and the charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.18632 of 2020(3) dt.12-01-2021 3/3 Judicial Magistrate, Madhubani, in connection with Madhubani (Town) P.S. Case No. 214 of 2019 (CRI No. 1095 of 2019).

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T