Suresh Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.42401 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42401 of 2017 Arising Out of PS.Case No. -148 Year- 2015 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Suresh Yadav, Son of Bhumi Yadav @ Bhuneshwar Yadav, Both are resident of Village- Mahoter, Police Station- Kishanpur, District- Supaul.

2. Kishori Choudhary, Son of Ram Khelawan Chaudhari, Resident of Village- Sohagpur, Police Station- Kishanpur, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kishanpur P.S. Case No. 148 of 2015, registered under Sections 341, 323, 379 and 411/34 of the Indian Penal Code. The allegation of informant is that Shisam tree situated at his field was stolen after cutting by the petitioners and Bhumi Yadav. On 18.09.2015, in course of search, he came to know that his Shisham trees were cutting in pieces in mill, on which, he went there and identified his Shisham wood and petitioners were present there.

Learned counsel for the petitioners submits that, in

Patna High Court Cr.Misc. No.42401 of 2017 (2) dt.20-09-2017 fact, there is dispute in between the informant and Bhumi Yadav, father of petitioner no. 1, due to that reason they have falsely been implicated in this case mere on suspicion. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Supaul, in connection with Kishanpur P.S. Case No. 148 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T