Suman Yadav @ Suresh Kumar @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27001 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

SUMAN YADAV @ SURESH KUMAR @ SUMAN KUMAR S/o Dhannu Yadav @ Dhanu Prasad R/o village- Lage Mahua Bigha, Malkana, P.S.- Masaurhi, District- Patna 2.

Jalim Yadav @ Rahul @ Rahul Yadav @ Rahul Kumar S/o Dhannu Yadav @ Dhanu Prasad R/o village- Lage Mahua Bigha, Malkana, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jehanabad (Karauna) P.S. Case No. 41 of 2019 registered for the offences punishable under Section 395 of the Indian Penal Code.

Seven unknown miscreants are said to have looted the truck of the informant and cash Rs.5500/- (rupees five thousand five hundred).

It is submitted by the learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have no concern with the alleged occurrence. They are neither named in the FIR nor were apprehended on the spot

Patna High Court CR. MISC. No.27001 of 2019(2) dt.30-04-2019 2/2 nor any incriminating article has been recovered from their conscious physical possession. There is nothing on record to indicate the complicity of the petitioners in the occurrence barring the confessional statement of the apprehended accused namely Uday Kumar and Vikash Kumar which has no evidentiary value in the eye of law. The said Uday Kumar and Vikash Kumar have been enlarged on bail by the learned lower Court. Petitioners are students and they 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Karauna) P.S. Case No. 41 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. T.Kr./- (Prakash Chandra Jaiswal, J) U T