Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17038 of 2016 Arising out of PS.Case No. -479 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== Santosh Yadav, Son of Fahim Yadav, resident of Saharsa Railway Colony, Police Station & District - Saharsa.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.17795 of 2016 Arising out of PS.Case No. -479 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== Badal Yadav @ Madhav Mirinal @ Madhav Mirnal, son of Murlidhar Yadav, resident of village- Narayanpur, P.S.- Janki Nagar, district- Purnea. .... .... Petitioner

Versus

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

(In Cr.Misc. No.17038 of 2016) For the Petitioner : Mr. Arun, Advocate. For the Opposite Party : Mr. Ram Chandra Sahani(App) (In Cr.Misc. No.17795 of 2016) For the Petitioner : Mr. Subesh Sharma, Advocate. For the Opposite Party : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 15.01.2016 and 29.11.2015 respectively in connection with Supaul P.S. Case No. 479 of 2015 for the offences instituted under

Patna High Court Cr.Misc. No.17038 of 2016 (3) dt.23-05-2016 2/3 Section 395 of the IPC.

The prosecution story, in brief, is that the informant Neeraj Kumar Agarwal, a businessman, on 10.11.2015 after collecting the due amount of Rs. 42,000/- ordered his driver to bring his vehicle at the shop of Anjali Pansari and from there he proceeded Saharsa back. At about 3.00 A.M., in the morning when he reached at Karanpur Chouk suddenly two motorcycles borne criminal over took his vehicle and snatched the key of his vehicle and cash Rs. 42,000/- from his possession kept in a black colour bag and fled away.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.01.2016 and 29.11.2015 respectively and the charge sheet has been submitted in the case. There is no recovery of any incriminating article from possession of the petitioners. The petitioners have not been put on T.I. Parade. On behalf of the State it has been submitted that the petitioners are not named in the F.I.R. and their names have come on the basis of confessional statement of co-accused. Considering the aforesaid facts and circumstances, let the petitioners above named, 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 the learned C.J.M., Supaul

Patna High Court Cr.Misc. No.17038 of 2016 (3) dt.23-05-2016 3/3 in connection with Supaul P.S. Case No. 479/2015. U.K./- (Sudhir Singh, J) U T