Nagendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11444 of 2015 Arising Out of PS.Case No. -215 Year- 2014 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Nagendra Yadav S/o Prasad Yadav

2. Budhan Yadav S/o Kamta Yadav Both R/o Village Dhab Khurd (Chouktwa), P.S.- Hariharganj, District- Palamu (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are in custody in a case registered under Sections 406, 395, 412/34 of the Indian Penal Code. It is alleged by the informant that he is the owner of a truck. His driver and Khalasi had gone to Bihar on 24.8.2014 after loading Zeera and in the way he was informed that his truck was disappeared near Bazidpur road. Thereafrter he searched the truck and made query to his driver but both driver and khalasi did not give reply satisfactory.

On behalf of the petitioners it has been submitted that the petitioners are in custody since 29.08.2014. It is further submitted that the petitioners are named in the FIR. It is further

Patna High Court Cr.Misc. No.11444 of 2015 (3) dt.29-07-2015 2/2 submitted that the petitioners have got no criminal antecedent. There is no recovery from the possession of the petitioners. It is also submitted that the petitioners have been made accused due to mistake of fact. The petitioners are driver and Khalasi of the truck, which has been taken away by the miscreants.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the facts aforesaid, let above named petitioners 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 C.J.M., Aurangabad in Muffasil P.S.Case No. 215/2014.

(Sudhir Singh, J) singh/- U T