Patna High CourtCR. MISC./77450/2018bail granted

Chhotu Yadav @ Subhash Yadav @ Chotu Kumar Yadav And ANR v. The State Of Bihar

2019-02-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77450 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== 1.

Chhotu Yadav @ Subhash Yadav @ Chotu Kumar Yadav, S/o of Dip Narayan Yadav, R/o Vill.- Pathra, Ward No.- 9, P.S. Pipra, District- Supaul. 2.

Md. Mozahir @ Md. Mojahid Alam @ Md. Mojahiddin, S/o Late Md. Usman, R/o Vill.- Barha, Ward No. 07, P.S.- Karzain, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Singhiya P.S. Case No. 24 of 2018, instituted for the offence under Section(s) 392 of the Indian Penal Code. Subsequently, Section 414 of the Indian Penal Code was added. The charge sheet has been submitted under Sections 395 and 412 of the Indian Penal Code. Counsel for the petitioners submits that petitioners are not named in the written report. No recovery has been made from their possession. The alleged tempo was recovered from the door of Naveen, son of Jageshwar Das which is evident from the seizure list also. The name of petitioners has transpired in

Patna High Court CR. MISC. No.77450 of 2018(4) dt.27-02-2019 2/2 the confessional statement of co-accused Anuj Kumar Yadav. Counsel for the petitioners further submits that Naveen Kumar @ Naveen from whose possession the stolen tempo was recovered has already been granted bail by coordinate Bench of this Court vide order dated 25.10.2018 passed in Cr. Misc. 63623 of 2018.

Petitioners are in custody since 14.4.2018.

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-V, Rosera, Samastipur, in connection with Singhiya P.S. Case No. 24 of 2018, subject to the condition that both the bailors will be close relatives of the petitioners.

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