Manu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41581 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Manu Yadav Son of Raushan Yadav R/O Vill.- Naya Tola, Juraoganj, P.S.- Kodha, Dist.- Katihar 2.

Uday Yadav Son of Mahesh Yadav R/O Vill.- Naya Tola, Juraoganj, P.S.- Kodha, Dist.- Katihar 3.

Lakhan Yadav @ Lakhan Kumar Yadav Son of Late Ajit Yadav R/O Vill.- Naya Tola, Juraoganj, P.S.- Kodha, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with G.R. No. 172 of 2023 arising out of Daudnagar P.S. Case No. 103 of 2023, registered for the offences punishable under Section 379 of IPC.

3. As per prosecution case, the informant along with his wife were returning after withdrawing Rs. 1,00,000/- from SBI Bank. After filing petrol at petrol pump, they departed towards their village. On the way, two persons riding on the motorcycle came and snatched the alleged money which was kept in the purse of informant's wife. It is further alleged that the motorcycle went out of control and wife of the informant got injured.

Patna High Court CR. MISC. No.41581 of 2024(5) dt.08-10-2024 2/2

4. Learned counsel for the petitioners has submitted that the petitioner is innocent and has falsely been implicated in this case. He further submits that except confessional statement of the petitioners, there is nothing against the petitioners in the entire case diary. They have been remanded in this case from another case. Nothing was recovered from their possession.

5. Learned APP for the State, Mr. Shailendra Kumar has opposed the prayer for bail.

6. It appears that except the confessional statement, which is not leading to recovery, there is nothing against the petitioners. The confessional statement before the police has no probative value in the eye of law.

7. Considering the above-mentioned facts and circumstances, the petitioners, above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with G.R. No. 172 of 2023 arising out of Daudnagar P.S. Case No. 103 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/- U T