Bandhan Kumar Yadav @ Ranjan Kumar Yadav @ Mama @ Ranjan v. The State Of Bihar

Patna High Court Cr.Misc. No.65 of 2017 (3) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65 of 2017 Arising Out of PS.Case No. -278 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== BANDHAN KUMAR YADAV @ RANJAN KUMAR YADAV @ MAMA @ RANJAN Son of Sri Janardan Pd. Yadav resident of Village - Itahara, P.S. - Sour Bajar, District - Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh, Adv. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2017 Heard both sides.

The petitioner seeks bail in Madhepura (Bharrahi O.P.) P.S. Case No. 278/2016, registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 47(a) of the Excise Act. The police arrested two persons namely, Kanhaiya Kumar Yadav and Munna who fell down while fleeing away after committing robbery of T.V.S. motorcycle bearing registration no. BR-43E3748. Kanhaiya Kumar Yadav confessed his guilt and disclosed name of the petitioner, as the person who managed to flee away from the place of occurrence.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.65 of 2017 (3) dt.06-03-2017 no material to show the involvement of the petitioner. Save and except the confession of Kanhaiya Kumar Yadav nothing has been recovered from the possession of the petitioner and the police did not collect any incriminating materials during the course of investigation. The petitioner is in jail since 16.09.2016. Considering the facts aforesaid and the fact that petitioner has already remained in jail for more than five months, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 278/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T