Jay Kumar @ Jay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40982 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== 1.

JAY KUMAR @ JAY KUMAR YADAV S/O LATE SHIV KUMAR YADAV RESIDENT OF VILLAGE-RAUTARA, PS-RAUTARA, DISTRICT-KATIHAR.

2.

PAPPU KUMAR YADAV S/O SANJAY YADAV R/O VILLAGERAUTARA, P.S-RAUTARA, DISTRICT-KATIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Shubham, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Madhepur P.S. Case No. 136 of 2020 for the offence registered under Section 379 of the Indian Penal Code.

The allegation is regarding unknown miscreants having looted a sum of Rs. 60,000/- after breaking open the lock of the dickey of the motorcycle of the informant.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and they are languishing in custody since 29.10.2020. The learned counsel for the petitioners has further submitted that no recovery of the looted amount has been made from the conscious possession of the petitioners and in fact the

Patna High Court CR. MISC. No.40982 of 2021(2) dt.03-01-2022 2/2 petitioners have been apprehended in the present case after they were arrested in one other case bearing Madhepura P.S. Case No. 199 of 2020.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that no stolen cash amount has been recovered from the conscious possession of the petitioners and the petitioners are stated to be languishing in custody since 29.10.2020, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to 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, Jhanjharpur, District-Madhubani in connection with Madhepur P.S. Case No. 136 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T