Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34702 of 2014 Arising Out of PS.Case No. -168 Year- 2012 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Surendra Yadav son of Narain Yadav, Resident of village- Kajahi, P.S.- Pipra, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2015 Heard both sides.

The petitioner seeks regular bail in connection with Kishunpur P.S. Case No. 168 of 2012 for the offence registered under Sections 394 and 411 of the Indian Penal Code. Informant, Santosh Chowdhury, alleged that miscreants robbed his motorcycle and mobile.

Learned counsel for the petitioner submits that petitioner is neither named in the First Information Report nor

Patna High Court Cr.Misc. No.34702 of 2014 (3) dt.16-01-2015 2/2 anything has been recovered from his possession. Learned Sessions Judge has committed an error while recording the finding that the motorcycle was recovered from possession of the petitioner but from perusal of Annexure- 2 of the petition, it would appear that motorcycle was recovered in front of the house of Karkan Yadav, son of Dukha Yadav situated in village Lokha Considering the facts that neither anything was recovered from possession of the petitioner nor he was put on Test Identification Parade, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Supaul in connection with Kishanpur P.S. Case No. 168 of 2012.

(Prabhat Kumar Jha, J) Jagdish/- U T