Sikram Yadav @ Sigram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34198 of 2019 Arising Out of PS. Case No.-910 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== SIKRAM YADAV @ SIGRAM YADAV Son of Devan Yadav Resident of Village - Hiratola, P.S.- Sahebpur Kamal, Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.01.2019 in a case registered for the offence punishable under Sections 379/411 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Rahul Kmar to the S.H.O. Muffasil Police Station, Khagaria is to the effect that on 21.12.2018, the informant along with his mother and children went to Patna, but on 24.12.2018, when he returned, he found the lock of the gate broken and theft was committed in his house, leading to registration of FIR against unknown. It is further alleged that the name of the petitioner sprang up during investigation on

Patna High Court CR. MISC. No.34198 of 2019(2) dt.27-05-2019 2/3 the confession of co-accused Chandan Yadav.

It is submitted by learned counsel for the petitioner that neither any recovery has been made from the conscious physical possession of the petitioner nor the petitioner has been put on Test Identification Parade and the investigation has already been concluded. It is further submitted that coaccused Pankaj Poddar from whose possession recovery has been made has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.04.2019 Criminal Miscellaneous No. 23186 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the name of the petitioner sprang up during investigation. Considering the fact that neither any recovery has been made from the conscious physical possession of the petitioner nor the petitioner has been put on Test Identification Parade coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned

Patna High Court CR. MISC. No.34198 of 2019(2) dt.27-05-2019 3/3 CJM, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.910 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T